Articles and Video:
One of the earliest “learned professions” in the Western world is the law. A reading of ancient history from the earliest beginnings of Western civilization will reveal allusions to lawyers. Popes, kings and feudal governments in medieval Europe relied heavily upon lawyers to guide them. Yet, from early days and primarily because of the educational and status advantages lawyers held over most of society, the profession has suffered from poor public opinion and criticism; literature and in popular culture with the onset of the “lawyer joke.”
Mediation: A Way Out or Hard Work? (07/18/14)
After I closed my law practice in favor of providing full-time ADR services, I bumped into an old-time mediator whom I had known for many years. When I told him of the change in my career he commented, “So, you don’t want to work so hard anymore.” This article is my reflection on his observations. 1 Comment
Are More Changes Afoot? Mediation Trends in 2014 (01/02/14)
Personal injury law is far more complicated in application than many people might believe. The title of this piece is thus phrased as a question because… frankly… I don’t know the answer. This article discusses the future of the mediation field.
Mediation is Always . . . Voluntary? (09/06/13)
In this millennium of cost cutting and financial disarray in the court system, it is even more important than ever for attorneys to rescue their clients from the mess. Avoiding conflict begins at the very beginning stage of every business relationship by anticipating every “what if” possible when drafting agreements and contracts. Thus, I propose that every agreement, including Marital Settlement Agreements/Stipulated Judgments, should include contractual mediation provisions, as explained in this article.
Closing and the Mediated Agreement (07/07/13)
Most experienced mediators insist that there be “ink on paper” before the session adjourns. Without fulfilling this duty, the mediator may face the situation encountered by many beginning mediators, i.e., that one of the parties suffers “buyer’s remorse” and chooses to back out of the agreement.
The Boogeyman of California Family Law (06/13/13)
People in a dispute have an increasing number of options for resolving their dispute. Those resolving family disputes have mediation as an option as well as many services provided by local courts.
The Art of Mediation in the Real World (02/22/13)
This mediator gives examples from his life about his mediation style. He discusses mediation techniques that have been successful for him and reflects on the practices he has seen.
Shhh. It's a Secret! (01/04/13)
This article discusses mediation cases involving insurance carriers. It discusses how mediators can resolve personal injury cases--specifically when one party enters the mediation with a perception of unfairness. 3 Comments
Court Mediation Programs: An Endangered Species? (12/08/12)
The role of alternative dispute resolution has always been the ugly cousin of litigation. Lawyers were trained that the only means to a just end was a trial by jury. Of course, seasoned lawyers, particularly those who have suffered surprising and disappointing outcomes of jury trials, are slowly realizing that may not be the case.
Mediation is Underused in Civil Cases (11/10/12)
Don Cripe is a law professor and experienced attorney/mediator. He shares his point of view as a lawyer, giving insight into how lawyers view and use the mediation process.