Arthur Pressman, a mediator based in Boston, MA, provides good advice on what an advocate should do (and should not do) in mediation.
https://www.mediate.com/articles/pressman-secrets-mediator.cfm
Read MoreIn this article, Rebecca Attree (IPOS Mediation), explains the mediation advocate's role and the skills of a good mediation advocate.
https://s6.newzapp.co.uk/t/gtp/OSwxNDQ5NDc4MTU5LDM=/
Read MoreRachel Gupta of Gupta Dispute Resolutions LLC, a mediator based in New York, explores when a company facing an employment claim might consider mediation.
https://www.mediate.com/articles/gupta-employment.cfm
Read MoreRebecca Clark (IPOS) discusses position statements in mediation and suggests different types of statement for different purposes.
https://mediate.co.uk/blog/mediation-statements-what-why-how/
Read MoreShuli Green (Miles Mediation) discusses the benefits of mediation over litigation, when to mediate, how to choose a mediator, and how to prepare for mediation.
https://www.milesmediation.com/blog/practice-pointers-for-a-successful-mediation/
Read MoreJane Gunn (IPOS) outlines benefits of mediation and suggests that early mediation can prevent a conflict escalating and damaging both parties.
https://mediate.co.uk/blog/how-to-persuade-your-client-to-mediate/
Read MoreHarry Spur (IPOS) discusses a recent UK case that considered when the privilege that would otherwise protect negotiations may be set aside: what is said in a mediation will not always remain confidential.
https://mediate.co.uk/blog/case-law-update-when-can-confidentiality-at-mediation-be-overridden/
Read MoreAn article from CEDR (Neil Goodrum) lists six things skilled mediation advocates do in the early stages of a mediation.
https://www.cedr.com/six-ways-to-be-a-better-mediation-advocate/
Read MoreAn article from CEDR (Eileen Carroll QC) explains that emotional connection is vital in any kind of mediation, and explains how to establish that even in a virtual mediation.
https://www.cedr.com/6-tips-for-make-emotional-connections-virtually/
Read MoreAn article from Bryan Cave Leighton Paisner LLP provides tips on how to prepare for mediation, and what to keep in mind during the mediation.
https://bclpgrid.com/maximizing-the-value-of-mediation-during-the-covid-19-pandemic-and-beyond/
Read MoreJohn Lande (University of Missouri School of Law) suggests alternatives to the use of BATNAs in negotiation and references and recommends texts on negotiation.
https://www.mediate.com/articles/lande-positional.cfm
Read MoreAn article from CEDR (Nick Pearson) considers final offers: what they mean; how they should be made; how to deal with them.
https://www.cedr.com/how-to-manage-final-offers-in-mediation/
Read MoreAn article from CEDR (Nick Pearson) that illustrates why, even in commercial disputes, an understanding of and engagement with the other sides’ feeling and needs early in the process can be helpful in reaching a solution.
https://www.cedr.com/emotion-in-mediation-understanding-its-importance/
Read MoreAn article from CEDR (Nick Pearson) explains that careful consideration should be given as to who attends a mediation on behalf of the client, and lists some of those considerations.
https://www.cedr.com/who-should-attend-your-mediation-5-things-to-consider/
Read MoreAn article from Hill Dickinson provides a reminder of the necessity for parties to engage in ADR and mediation and the costs consequences that will be imposed on those parties that fail to engage.
https://www.hilldickinson.com/insights/articles/mediation-–-reminder-take-part-or-face-consequences
Read MoreJeff Kichaven considers, from a US perspective, why a mediator's promise of the confidentiality of the process may not be a promise he can keep, and explains why he doesn't promise confidentiality.
Read MoreMarcus Bowman of Quadrant Chambers considers the features of and case for remote mediation, even when it is not the only option, and provide advice on the process.
https://www.quadrantchambers.com/news/new-normal-mediation-user-guide-marcus-bowman
Read MoreMark Jackson-Stops explains the benefits (and some limitations) of the joint meeting in mediation.
https://mediate.co.uk/blog/mediators-of-the-round-table/
Read MoreJeff Kichaven considers the development of online mediation and its advantages, and how to prepare for them.
Read MoreThe lawyers at Squire Patton Boggs provides some practical tips for virtual mediations.
Read More