1. ORDERING, DIRECTING, COMMANDING Telling the person to do something; giving the person an order or command. "You must...," "You...
By Department of Veteran Afffairs VANearly ten years ago when Marlene first met Liz, their future as a couple seemed so bright. They shared a...
By Barry SimonThe success or failure of a mediation often depends on who the mediator is. Before retaining a mediator you should...
By Michael P. CarboneCopyright © John J. McCauley 2000. This article originally appeared in the October 2000 edition of Orange County Lawyer Magazine.For...
By John J. McCauleyThis article has been reproduced with permission of the Bond University Dispute Resolution Newsletter September 1999, Vol 2.Nomenclature in the...
By John WadeReview by John Wade Published by: (Boston: Harvard Business School Press, 1999) pp 244. Order at Amazon This article has...
By John WadeTo Part 1 ~~~~~~~~~~ Subject: Online Mediation; Getting Started Hello party 1 and party 2: Thank you for using Online...
By James Melamed, J.D.Currently, there are more rules, regulations, and laws dealing with sexual discrimination, and particularly sexual harassment, than any other substantive...
By Tim HicksAre you weary of trying to solve the pressing conflicts in your life through long drawn out legal battles? Does...
By Nathan DavidovichMediation may be thought of as "assisted negotiation." Negotiation may be thought of as "communications for agreement." Hence, mediation is...
By Managing EditorWhat is Negotiation? A: There are two principle negotiation theories and strategic approaches to negotiation: competitive or positional negotiation; and...
By Managing EditorLast month, a reporter from the Los Angeles Daily Journal asked me a question about mediation which gave me quite...
By Jeff KichavenOrder at Amazon.com We dance round in a ring and suppose But the Secret sits in the middle and knows....
By Barbara Ashley PhillipsMyth #1: A tough, effective, take-no-prisoners litigator should not mediate, because real litigators don't mediate. Fact: The problem with this...
By Steven RosenbergThis article appeared in the September 1997 edition of "Alternatives to the High Cost of Litigation," a publication of the...
By Jeffrey KrivisThis article appeared in the January/February 1997 issue of The California Therapist. It is reprinted with permission of the California...
By Jack Hamilton"Of those that reached agreement in Mediation, two thirds of both men and women agreed that spousal support was fair;...
By Forrest (Woody) Mosten"Win-win" ("ganar-ganar") has reached Cuba. Thanks to the vision of law professor Armando Castanedo Abay of the Universidad de La...
By Armando Castaneda AbayMany disputes have a prior history of an amicable relationship. This is especially true in business disputes. Litigation (arbitration or...
By John Gromala"Traditional litigation is a mistake that must be corrected... For some disputes trials will be the only means, but for...
By Michael RobertsThis article originally appeared in the Oregon State Bar Bulletin (June 1999)Effective representation of clients in mediation requires the same...
By Richard SpierMost people approach mediation with the best of intentions. They are hopeful that the negotiation will achieve their ultimate goal...
By Jeffrey KrivisAmong the more hotly debated issues concerning appropriate qualifications for mediators is the question as to whether it is preferable...
By Cris CurrieWhen a dispute is truly ripe for mediation, who you choose to mediate is unlikely to affect the outcome. When...
By Norm BrandA critical set of issues for the mediator revolve around the issue of capacity and power. Specifically, does the mediator...
By James Melamed, J.D.Just for a moment, let's put aside all of the talk of anger management, neutrality, opening statements, ground rules, communication...
By S. Elise PeeplesMediation is changing law practice. It is the cheapest, lowest risk, and most under-utilized form of alternative dispute resolution. And...
By Norm BrandIntroduction to: Mediate.com; Resourceful Internet Solutions, Inc. (RIS); Online Resolution, Inc. and Online Mediators John Helie and Jim Melamed founded...
By James Melamed, J.D., John HelieThere is a spectrum of dispute resolution processes, ranging from informal discussion to formal adjudication. The concept behind the development...
By Managing EditorMost lists contain numbers of items that have a traditional context -- 7, 10, or 20. A list of twelve...
By Forrest (Woody) Mosten