Joe Epstein

Joe Epstein

Joe Epstein received his law degree from New York University School of Law in 1969, where he served as a student editor of NYU's Annual Survey of American Law. He received his mediation training at CDR Associates, Harvard University's School of Public Health, Pepperdine University's School of Law and Chapman University.

Creative, insightful, intuitive and dynamic, Joe Epstein brings over 30 years of experience, high energy and a proactive approach to mediation. Having heard over 2500 ADR cases, Joe is regularly asked to handle complex ADR cases requiring his unique communication skills, his analytical insight and intuitive style.

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Articles and Video:

The Wisdom of Native Americans (06/19/17)
Native American wisdom focuses on healing wounds, and bringing peace through good feelings, not fear. While mediations are focused principally on legal issues, Native American wisdom teaches us to be mindful of a person's emotional damage as well.

Grief, Anger, and Fear (11/22/13)
Family law mediation is laced with raw emotions. Emotional pain, sorrow, sadness, regret and remorse are encountered in circumstances that call for courage, calm and control. Family law mediators are called upon to ferret out motivations, interests and needs in what are often trying circumstances. Such mediators must be prepared to deal with the four basic emotions of grief, anger fear, and love.

Gender Balanced Co-Mediation in Family-Centered Conflict (09/05/11)
Situations involving multiple parties, experiences, and perspectives require skilled mediators who bring with them a finely tuned equilibrium, presence, and insight. A gender balanced, co-mediation team brings all three qualities to the resolution of family-centered conflict.

The Influence of Cultural Diversity in Mediating Complex Multi-Party and Catastrophic Loss Conflict (08/08/11)
To Americans, “cultural diversity” means experiences derived from the differences in race, religion, gender, age, ethnicity and more recently, sexual orientation. Yet, this definition is a bit myopic; consider the implications of: immigration status, socio-economic and marital status, work experiences (blue collar/white collar, unemployed/underemployed), education, group memberships (NRA, ADL, Sierra Club, John Birch Society, Greenpeace, ACLU, Tea Party Movement), political affiliations, parenthood, disabled or disadvantaged or other significant life experiences - as they too, impact the concept of cultural diversity.

Grief, Anger, And Fear In Mediation (09/13/10)
The focus on this article is assist lawyer advocates and lawyer mediators in being attuned to the presence and in addressing the key emotions of grief, anger and fear as they arise in the context of mediation.

The Dirty Dozen Barriers to Dispute Resolution Can Be Hurdled With TEARS & FEARS Mediation (03/17/08)
After mediating thousands of cases we are convinced that the process of mediation is so much more than the mere passing of numbers between the parties. The mediation process is more than the pronouncement of value by a disinterested and disengaged third party. TEARS & FEARS mediation requires that the mediator, negotiators, and parties look at mediation in a candid creative and holistic manner.

Green Eggs & Ham And Other Creative Strategies For Effective Mediation (08/27/07)
Do your mediation statements have the same punch, rhythm, humor, repetition, alliterations and power that are found in Dr. Seuss' book? Have you even considered using this ageless children's book as a measuring stick for you mediation statements? Do you draft your mediation statements to get the attention of your opponent and the mediator? Do you dramatically and emphatically convey information? Do you use humor and charm in the mediation statement and at the mediation? Do you use persuasive tools to influence your opponent and the mediator? Figure out how to make the complex simple. Figure out how to make the voluminous concise. Like Dr. Seuss create a hook or theme and sell it in your mediation statement and at your mediation.

Book Review: The Negotiator's Fieldbook (01/26/07)
The Negotiator’s Fieldbook is an excellent and diverse anthology about cutting edge issues of negotiation, which reflects insightful effort by the editors in assembling thoughtful and well-researched articles by the contributing writers.

The Crossroads of Conflict: A Journey into the Heart of Dispute Resolution (Book Review) (09/25/06)
I highly recommend both the book and direct training with Ken. As with Mediating Dangerously, Crossroads of Conflict gives us a star to aim for in our work as mediators. I predict that this book, like Mediating Dangerously, will become one of the seminal books of our profession.

Mediating Wrongful Death Cases (06/19/06)
Wrongful death cases require parties to deal with raw emotions. It is our view that counsel, adjusters, risk managers, and mediators must all be informed not only about the facts of a wrongful death case but also about the special issues survivors deal with in their bereavement.

Book Review: Improvisational Negotiation: A Mediator's Stories of Conflict About Love, Money, Anger - and the Strategies that Resolved Them (05/08/06)
With this book, Jeff Krivis reveals himself as one of the top storytellers in the mediation profession today. Krivis’ style in Improvisational Negotiation makes the reader feel that you are right in the midst of his mediations. Treating yourself to this book is like signing on for a delightful internship with an experienced mediator from the comfort of your easy chair.

The Top Ten Barriers To Dispute Resolution (04/26/06)
Years of legal experience and thousands of mediations have helped us to devise a list of the Top Ten Barriers to Dispute Resolution. When negotiators are determined to be effective and collaborative, recognition of these barriers will enable them to move the mediation process forward in a positive way. This knowledge will also help the thoughtful and determined negotiator to break impasse.

Sun Tzu's Tips on Effective Mediation (09/02/02)
We believe that the "The Art of War" will serve you as a helpful guide to successful mediation. We have chosen the format of selecting quotations from Sun Tzu's "The Art of War" and added some brief commentary to put his cogent and insightful observations into the modern context of effective mediation. It is our belief that it makes sense to apply the General’s revered philosophy to the mediation process. After all, in order to accomplish effective dispute resolution, people in conflict must prepare not only to cooperate in mediation but also to contest in litigation at the very same time.

Preparing For Effective Employment Mediation (07/29/02)
Given the increasing use of employment mediation and its accepted advantages, this article has been prepared to guide attorneys in the mediation of their employment cases.