IAM Articles

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-- Select Topic -- ADR Generally Arbitration Commercial Communication Skills Environmental/Public Policy Ethics Family/Divorce Government International Legislation Mediation Policy Mediation Practice Negotiation Securities System Design Technology Wills, Trusts & Estates Workplace

10/21/09 ADR = Arbitration Done Right Jerry P. Roscoe & Maya Ganguly Click to read the article.

 

11/06/06 Articles by IAM Member David A. Hoffman A selection of mediation articles by David A. Hoffman.

 

10/17/06 Ethical Dilemmas of the Neutral Judy Meyer Thousands of lawyers now serve as full or part-time neutrals. As advocates, the lawyer’s loyalty is clear and undivided: you are totally loyal to your client’s cause to which you unwaveringly adhere. You are the zealous advocate. Doing a 180°, when serving as a neutral, your neutrality must be sacrosanct and unquestionable. Forget advocacy or zealous client representation. You have loyalties to no party; you are zealous solely about the process. But here’s the rub: the very fact of your being hired and paid by the lawyers, and their clients who appear before you, makes you suspect.

 

10/17/06 Navigating the Mediation Process: Overcoming Invisible Barriers to Resolution Bennett G. Picker Mediation involves many key relationships beyond that of plaintiff and defendant that could present barriers to resolution. The author identifies some of these relationships, shows how they can create barriers to a successful mediation, and offers suggestions for overcoming these barriers.

 

6/14/06 ADR and the ''Vanishing Trial'': The Growth and Impact of ''Alternative Dispute Resolution'' Thomas Stipanowich This article examines what we know and do not know about the growth and impact of ADR in federal and state courts, in the business sector, and in employment and consumer settings.

 

6/14/06 Contract and Conflict Management Thomas Stipanowich Unfortunately, despite the current widespread use of mediation and other ADR processes in the United States today, many members of the bench and bar—including those responsible for the drafting, interpretation and implementation of consensual ADR provisions—still lack a fundamental grasp of the process choices available to contracting parties. More often than not, their information is fragmentary, their perceptions framed by anecdote and hearsay in lieu of personal experience. This article explores alternative processes for drafting contracts in ADR settings.

 

4/27/06 Articles by IAM Member Lee Jay Berman Six articles by Lee Jay Berman

 

4/27/05 Joe Epstein on Effectively Mediating Wrongful Death Cases Joe Epstein with Steve Berkowitz IAM Fellow Joe Epstein, together with his colleague Steve Berkowitz, has just prepared an article on "Effective and Empathetic Mediation of Wrongful Death Cases."

 

4/27/06 Making Sound Decisions: How to Help Your Client Evaluate Settlement Options Eleanor Barr Article first published in CPR's Alternatives

 

4/20/06 IAM Harvard: Presenters' Books and Articles The following represents a recent publications from presenters at our Harvard conference.

 

6/04/04 Kevin McIvers' ''Mediation Tips'' Kevin Thomas McIvers Second in a series of Mediation Tips from IAM Fellow Kevin McIvers.

 

5/21/04 The Myths of ADR - 7 Common Myths and 3 False Truths Judith P. Meyer In April 2004, IAM Fellow Judy Meyer participated as a panelist for the meeting of the CPR Institute in New Orleans, LA.  Her presentation addressed seven of the most common misperceptions (along with three "false truths") about the ADR process.

 

5/21/04 Kevin McIvers Presents ''Mediation Tips'' Kevin Thomas McIvers IAM Fellow Kevin McIvers has begun a series of Mediation Tips, short articles on successful mediation advocacy. Before starting your next mediation, read Kevin's advice to "Manage Their Expectations Before Mediation."

 

10/01/09 ADR = Arbitration Done Right? Jerry P. Roscoe & Maya Ganguly Despite the fact that an increasing number of matters are negotiated through mediation, arbitration remains the process of choice for many commercial and contract disputes, particularly in healthcare disputes.

10/10/07 An Angry Negotiator Max Factor III Understanding the Effects of Anger in the Negotiation Process

5/09/07 IAM is co-sponsoring a CLE program in conjunction with the Oregon State Bar entitled: "EXCELLENCE IN MEDIATION ADVOCACY: HOW TO BEST REPRESENT YOUR CLIENT IN MEDIATION". To register, please print out our PROGRAM REGISTRATION FORM and fax to: 416-495-8723, Attn: Renee Levine. We are pleased to announce the dates and locations for our upcoming conferences: November 13-15, 2008 San Diego, California Westin Horton Plaza Reservations: 619-239-2200 May 7-9, 2009 Beaver Creek, Colorado Park Hyatt Beaver Creek Reservations: 970-949-1234 September 10-12, 2009 London, England

4/01/07 Tracy Allen is on the move Friends - After great angst and indecision, I gave notice to my law firm that I am leaving in two weeks, or sooner. I had many great choices but in the end, I accepted a partnership position with Bodman LLP which is a multi-office, long standing Detroit based business firm.

2/05/07 IAM Member Mark Welge Remembered It is with extreme sadness that the IAM acknowledges the passing of our member Mark Welge on January 9th, following a courageous battle with cancer. Mark was an outstanding mediator and human being. His commitment to the profession of mediation was tremendous. Mark's atiittude in his closing weeks, his relationship with his family, his continuing concern about others were inspirational. We will all miss him.

1/22/07 IAM Fellow Jeff Krivis Honored at CPR Awards Program Fellow Jeff Krivis was honoured at the 24th Annual CPR Awards Program at a dinner held at New York's Jumeirah EssexHouse on January 20th.. The CPR Awards Program honors outstanding use and scholarship in the field of alternative dispute resolution (ADR). At the Awards Program, Jeff Krivis was presented with the Book Prize for his book IMPROVISATIONAL NEGOTIATION: A MEDIATOR'S STORIES OF CONFLICT ABOUT LOVE, MONEY, ANGER - AND THE STRATEGIESTHAT RESOLVED THEM (Jossey-Bass, San Francisco, 2006), (see attached for complete Press Release).

12/13/06 IAM Members in Texas named 'Super Lawyers' Susan Souusan and Tom Proctor were named "Super Lawyers" in Texas under the field of ADR.

12/04/06 Mike Young Appointed to California State Bar Weston, Benshoof, Rochefort, Rubalcava & MacCuish LLP is pleased to announce that partner Michael D. Young has been selected by the Board of Governors of the California State Bar to serve on its Standing Committee on Alternative Dispute Resolution (ADR).

11/06/06 IAM Member Jeff Kichaven to Join JAMS Jeff Kichaven, will join JAMS, The Resolution Experts, on Dec. 1. Mr. Kichaven, who launched a private ADR practice in 1995 after a successful career as a litigator, will be based in JAMS Los Angeles Resolution Center and will be available to hear cases throughout the U.S. Click here to view the complete press release

10/16/06 IAM Member Lynn Bassis Named 'SuperLawyer' in ADR Lynne Bassis has been named "SuperLawyer" in the field of ADR for 2007, an honor bestowed upon 5% of southern California lawyers. The selection process includes nominations from all lawyers who are in practice for more than five years, an in-depth research process that scores and ranks nominees and a final election of the SuperLawyers by a blue ribbon panel comprised of 300-400 lawyers in southern California.

10/13/06 IAM Members' Speaking and Presentation Events Gene Moscovitch will be speaking on a panel in San Jose, California at the California State Bar's Annual Labor & Employment Seminar on the subject of "Ethical issues in Mediating Employment Cases" with fellow IAM members Lynn Bassis and Denise Madigan and will be presenting during a plenary session at the annual conference . On November 4th, Gene will be presenting at Pepperdine's Straus Institute in Malibu as part of the Southern California Mediation Association's Annual meeting along with fellow IAM members Lee Jay Berman, Jeff Krivis, Jay McCauley, Alex Polsky and Max Factor.

10/13/06 Best Lawyers in America in ADR Joe Epstein, Judy Meyer, Ralph Williams, Gene Moscovitch and Denise Madigan have been named Best Lawyers in America in ADR.

10/02/06 Tommy Proctor Wins President-Elect of Houston Bar Association Tommy Proctor won the contested race for President-Elect of the Houston Bar Association. The HBA is an 11,800 member voluntary bar association, the fifth largest voluntary bar in the U.S. He will serve as president-elect from May '06-'07, and President from May '07-'08.

7/27/06 IAM Fellow Robert Creo Teaches Mediation Techniques to International Litigators “I was in Singapore for a World Intellectual Property Organization conference in order to receive training on how to handle international disputes, when I realized I was attending a conference full of people who would be familiar with successful U.S. mediators,” Powell said. “I wanted to have a U.S. mediation experience during my March break, so I began asking people at the conference who I should contact.” “Bob Creo’s name was recommended to me. I sent him the details of my program and asked if he would allow me to shadow him, so that I could get some practical experience in mediation. Bob didn’t hesitate for a second and told me to ‘come right over.’” Creo did more than just tell Powell to “come right over.”

6/21/06 IAM Members Interviewed for TRIAL magazine Judy Meyer, John Wagner and Joe Epstein had an interview published in Trial magazine. The article,”What Mediators Really Want to Hear” was published in the April ‘06 Trial magazine published by the Association of Trial Lawyers of America.

2/10/06 IAM Members Honored as Best Lawyers IAM Fellows Pat Coughlan, Susan M. Hammer, Douglas E. Noll, Bennett G. Picker, Alvin L. Zimmerman and Jim Readey, and IAM member Alan Kanter have been selected as BEST LAWYERS IN AMERICA. Pat Coughlan has also been identified as one of the top 500 judges in America by Law Dragon. Congratulations to all of them on this outstanding achievement.

9/12/03 Cross-Cultural Mediation Process Skills Robert A. Creo and Tracy Allen On September 12, 2003, IAM Fellows Bob Creo and Tracy Allen, in a panel moderated by IAM Fellow Jerry Roscoe, presented a program on this important and timely topic as part of the American Bar Association Section of Dispute Resolution conference on "International Dispute Resolution by the Rules" in Washington, DC.

7/07/03 Alternatives: Telling Mediation Tales Can Encourage Settlement Stefan M. Mason Parties in mediation often are more knowledgeable than the mediator concerning how their needs and interests can best be met.  IAM Fellow Stefan Mason discusses storytelling as a mediation tool.

7/07/03 Mediating Employment Claims Stefan M. Mason IAM Fellow Stefan Mason describes how mediations have an extraordinarily high resolution rate because of the power of the face-to-face meeting between the parties in the joint session.

6/25/03 Eva Male Interviews Robert Creo IAM Founding Member Bob Creo is interviewed by Eva Male in this June 13, 2003, article from Australia.

6/25/03 Mediation, Meditation and Electromagnetism Steven L. Schwartz IAM Founding Member Steven Schwartz recalls his early experiences in law and mediation. "I can remember it so very well -- my first really big important trial as a young lawyer.  It all started with a personal summons from my big downtown firm’s senior litigation partner.  The meeting was brief: I was to relocate from the document discovery room (my only assignment since joining the firm) to an office adjacent to the senior partner's office.  He was a former ABA President; a former Michigan Bar President; and a courtroom gladiator without peer.    A few days later I was again summoned to his office ..."

1/20/03 The Mediated Settlement: Is It Always Just About the Money? Rarely! Steven L. Schwartz IAM Founding Member Steven Schwartz asks:  With so many possibilities for conflict all in need of resolution, are there any common denominators, any repetitive experiences, some basic principles that mediation as a dispute resolution process has revealed to exist?

12/31/02 ADR in the Construction Industry Judith P. Meyer What are the factors determining whether a case should be mediated?  IAM Fellow Judith Meyer addresses this question.

12/13/02 The Many Aspects of Mediation Judith P. Meyer Mediation works with the least damage done to the parties' egos and pocketbooks.

2/11/02 Rogers Case Profile Robert A. Creo This case profile is provided to assist in the storytelling presentation.

2/11/02 Doe Travel Case Profile Robert A. Creo This case profile is provided as part of a training session.

2/10/02 Story Telling Outline Robert A. Creo An outline for the Feburary 10, 2002, IAM Webboard discussion.

11/06/01 Report in Support of IAM Resolution Opposing Adoption of UMA Robert A. Creo On October 31, 2001, the Board of Governors of the International Academy of Mediators (IAM) passed the following Resolution:  "The International Academy of Mediators opposes adoption of the Uniform Mediation Act as approved and recommended for enactment in all the states by the National Conference of Commissioners of Uniform State Laws (NCCUSL) in August, 2001."

9/17/01 ADR - A Second Look Paul Iacono From the 49th Parallel.

9/04/01 Bottom Line Negotiating Michael D. Young How A Little Negotiating Wager Can Break That Settlement Impasse . . . Or Make You Money Trying

6/27/01 Advocacy Skills: Tips for Selecting a Good Mediator Jerry Roscoe With several sources for professional mediators, the advocate often struggles with criteria for mediator selection.

6/27/01 Confidentiality in Federal Alternative Dispute Resolution Programs (2000) Federal Alternative Dispute Resolution Council The subject of the document is confidentiality, which is a critical component of a successful ADR process. Guarantees of confidentiality allow parties to freely engage in candid, informal discussions of their interests in order to reach the best possible settlement of their claims.

6/26/01 June 2001 Draft of the Uniform Mediation Act UMA Committee This is the June 2001 Draft of the Uniform Mediation Act provided by Mediate.com.

6/26/01 One, Two, Many Jeff Krivis What's the first thing you think about when you hear the phrase "Civil Justice?" The search for the truth, of course.

5/16/01 Dealing With A Competitive Approach In Mediation Jeffrey Krivis Most people approach mediation with the best of intentions. However, they sometimes encounter adversaries who don't quite see things their way, and approach the process in a much more competitive and sometimes hostile manner.

5/16/01 Defining The Ethical Limits Of Acceptable Deception In Mediation John W. Cooley This article offers the reader a condensation of ideas on deception in mediation and some thoughts on criteria that might be appropriate to consider when designing a truthfulness standard for mediation.

5/16/01 Guidelines For The Design Of Integrated Conflict Management Systems Within Organizations-Executive Summary Spidr's ADR in the Workplace,Track I Committee A committee of the ADR in the Workplace Initiative of the Society of Professionals in Dispute Resolution (SPIDR) prepared these guidelines for employers, managers, labor representatives, employees, civil and human rights organizations, and others who interact with organizations. This document explains why organizations should consider developing integrated conflict management systems and provides practical guidelines for designing and implementing such systems.

5/16/01 Evaluating ADR Programs Lee Scharf For the past ten years the practice of ADR, the creation of ADR programs, and the discipline of ADR evaluation have been developing in tandem. We have learned that organizations best design and develop ADR programs by knowing an organization’s conflict resolution culture, we see that evaluation can and should be a reflective feedback mechanism for ADR program development, and that evaluation belongs at the beginning of ADR program design. While evaluation is ideally present at the beginning of ADR program development, we recognize that there are many ADR programs already up and running that do not have evaluation components. This chapter will address ADR programs at any stage along the way of program development.

5/16/01 National Employment Dispute Resolution Act of 2001 (NEDRA) House of Representatives (U.S.) To amend title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Vocational Rehabilitation Act of 1973, and the Civil Rights Act of 1991 to require the Equal Employment Opportunity Commission to mediate employee claims arising under such Acts; and for other purposes.

5/16/01 On Being Too Fussy About Values In Mediation: Consider The Hedgehog And The Fox Robert D. Benjamin, M.S.W., J.D. The origins of the mediation profession are anchored in the practical necessity of managing disputes. But mediators, as all human beings, have a need to imbue their work with special meaning--it is part of our evolutionary biology and psychology. Undergirding practice with value structures can be beneficial and give greater focus and depth to our everyday work, but there are risks.

Article Topic Search
-- Select Topic -- ADR Generally Arbitration Commercial Communication Skills Environmental/Public Policy Ethics Family/Divorce Government International Legislation Mediation Policy Mediation Practice Negotiation Securities System Design Technology Wills, Trusts & Estates Workplace

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