I blew out my knee twice playing college football  As a consequence I have more than a passing familiarity of the anatomy of the human knee. Does that knowledge of the knee’s anatomy mean that I am competent to perform…

It is likely no coincidence that self-determination is listed as the first standard in the Model Standards of Conduct for Mediators (“the Model Standards”). The Model Standards were designed to “…serve as fundamental ethical guidelines for persons mediating in all…

I mediated many cases before ever having had any training, formal or otherwise, as a mediator. My impression of a good mediator before training was of someone who didn’t engage in any of the “touchy feely” stuff like joint sessions,…

Dealing with impasse is an issue that arises in nearly every mediation that I handle. There are many different ways to address impasse depending on the circumstances of the particular mediation. In certain circumstances I like to suggest to the…

Anyone that has ever negotiated anything knows the oft repeated phrase “the devil is in the details”.  In my experience as a mediator, I have found that often the parties or their lawyers leave until the very end what are…

When you go in to a mediation do you have a plan? If not, I think you are making a big mistake. You would never go in to a trial without a plan. Neither should you enter the mediation room…

While I have written previously about the use of “Med-Arb”, the concept of binding mediation was foreign to me until recently.  I read an article written by Peter Gene Merrill entitled “Binding Mediation: The Time Has Come for This ADR…