Mediation Articles

If you would like to add your article pertaining to mediation or conflict resolution, please contact us at editor@niacr.org.

Should Parties Tell Mediators Their Bottom Line?
Peter Contuzzi
As lawyers increasingly make mediation the forum of choice to attempt negotiating settlements for their cases, they also increasingly confront the thorny issue of what to say...

Debunking Mediation Myths
Steven H. Kruis, Esq.
Myth No. 1: All Mediations are the same - One Size Fits All - There are at least three types of mediation models: the facilitative, the evaluative, and the hybrid. Under the facilitative model, the purist mediator works toward finding creative solutions that... 

Conflict, Management and Mediation
David B. Harwi and George Reath, Jr.
For business, conflict is a costly management problem. Mediation is increasingly seen as an effective tool in conflict resolution. Mediation is a form of negotiation facilitated by....

Is Your Mediation Settlement Agreement 
Admissible? Enforceable?
David I. Karp

The Cost of Conflict
Julie Denny
While no one likes confrontation with colleagues, clients, staff or managers, conflict is an inevitable part of everyone's workplace experience....

Starting Your Own Website
Scott Bianchi
There are many people I have spoken with that would love to start their own website but they just do not know where to begin, or they are too intimidated. If you are one of these people, hopefully this article will ease your mind. My goal in writing this article is to make the website building process as easy as possible. I will also share some of... 

What is Mediation Anyway?
Jennifer Artim
Mediation is a voluntary process facilitated by a neutral third-party who guides disputing parties to help them come to a fair and workable agreement that both sides can live with. Although that description may be... 

Mediation Mastery - Do You Have This?
by Kristina Haymes
Many different traits characterize master mediators. For example, characteristics such as patience, creativity, perseverance are often cited – but there’s one characteristic that consistently tops the list of...

Australia to Establish National System of Mediator Accreditation
by Diane Levin
According to the most recent edition (in PDF)     of the Bond University Dispute Resolution Centre newsletter, Australia has taken a major step forward toward establishment of a national system of mediator accreditation as the...

The Value of Diagnostic Questions
by Victoria Pynchon
If we want to deliver "win-win" agreements to our clients, says Professor Leigh Thompson of North- western's Kellogg School of Business, we need to be asking why our negotiating partners want what they want (determining their interests) instead of...

Marketing Tips from Hell's Kitchen
by Dina Beach Lynch
Anyone else obsessed with Gordon Ramsey and Hell's Kitchen? It's one of those reality shows (OK, so it's not Masterpiece Theater) where contestants attempt to win their dream job- running a million dollar restaurant in Las Vegas. During the...

Pricing Your Mediation Services
by Kristina Haymes
Some interesting questions to think about: To what extent does your fee structure reflect the value you provide? How are your fees viewed by the marketplace? In our....

All Bets are Off: Should Mediators and Negotiators Learn Lessons From Poker Players? by Diane Levin
Here's a follow up to last week's post about the American Bar Association ethics opinion distinguishing between "puffing" on the one hand and "false statements of material fact" on the....

The Need for Tweaking Can Be Fatal!
by Perry Itkin
The case settled – no it didn’t; yes it did; no; yes; etc. All mediators should read the New Jersey opinion Lehr v. Afflitto, 2006 N.J. Super. LEXIS 8 (N.J. App. 2006). It’s a long one, full of....

Business Competition Among Mediators: How a Scarcity Mentality is Self-Fulfilling
by Tammy Lenski
This morning, fellow ADR pro Dina Beach Lynch and I were chatting and the subject of competition between mediators came....

When Your Head and Gut Slug it Out
by Victoria Pynchon
Mr. Thrifty, who has not made an appearance in this blog for some time, trusts his head more than his gut.  Not to engage in gender stereotypes, but when I err, I tend to....

Tips for Getting into Business Publications
by Dina Beach Lynch
I've said that part of the trouble with growing the ADR profession is that we have a very low media profile. It's almost non-existent beyond the traditional vehicles of mediation and arbitration. Here are some tips from....

Getting to Yes with Blogging: Time for ADR Practitioners to Join the Conversation
by Diane Levin
This post is the first in a series of essays on blogging for alternative dispute resolution professionals that will unfold over the course of the summer. Blogging, after all, is an....

Conspiracy Theories and Granfalloons
by Vickie Pynchon
Every seasoned trial lawyer knows that in the absence of critical information, juries simply make stuff up to fill in the gaps. They, and we, do this semi-consciously and....

It’s Still Just A Duck – Not Mediation!
by Perry S. Itkin
In an earlier post I noted that some ADR processes are called mediation when, in fact and practice, they are not mediation at all! So, what on earth is "binding mediation?" In the California case of....

Marketing ADR: How a Narrow Target Market Broadens Chances for Success
by Tammy Lenski
Many mediators try to do it all, trying to reach a broad market and doing a little bit in several different arenas. The reasoning, as I understand it, is that...

Negotiating in China
by Anthony Cerminaro
Westerners need to know more than basic Chinese etiquette to negotiate successfully with the Chinese according to...

GETTING IT STRAIGHT: Understanding Mediator Certification
by Diane Levin
Anyone planning a career in mediation here in the U.S. should be aware that one of the ongoing debates in the mediation field concerns credentialing and certification of mediators. It is an issue of great importance to the profession, generating significant discussion and debate for the past two...

(If you would like to add your article pertaining to mediation or conflict resolution, please contact us at editor@niacr.org.)