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AAA Handbook on Mediation - Second Edition

 
Price:
$95.00
ISBN: 978-1-933833-50-7
Author: American Arbitration Association
Page Count: 820
Published: September 2010
Media Desc: 1 Hardcover Volume. Index.
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Description

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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association -  the chapters in the Handbook have all, where necessary, been revised and updated prior to publication.  The book is succinct, comprehensive and a practical introduction to the use of mediation, written by leading practitioners and scholars. The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations.  It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. 

Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client’s questions regarding the process of mediation.  It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace.  Lastly, it touches on various mediation issues as they arise in the legal system.

The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of mediation. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

 

Table of Contents
TABLE OF CONTENTS
Foreword
 
PART I: Introduction to Mediation
 
James R. Holbrook
 
Douglas E. Noll
 
Cris M. Currie
 
Ira B. Lobel
 
Mark R. Sherman
 
Steven L. Schwartz
 
Gerald F. Phillips
 
David L. Erickson and Peter Geoffrey Bowen
 
Amy L. Lieberman
 
Roger J. Peters and Deborah Bovarnick Mastin
 
 
Peter J. Comodeca
 
Bruce A. Blitman
 
Joel E. Davidson
 
Howard D. Venzie, Jr.
 
Jordi Agustí-Panareda
 
John Patrick Dolan
Bennett G. Picker
 
Gerald F. Phillips
 
Judith B. Ittig
 
Donald R. Philbin, Jr.
 
William A. Blancato and C. Allen Gibson, Jr.
 
PART III: The Mediator
 
Robert S. Peckar
 
Fred D. Butler
 
Cris M. Currie
 
Lee A. Rosengard
 
Kevin W. Cruthirds
 
Mercédeh Azeredo da Silveira
 
Judith P. Meyer and Irena Vanekova
 
PART IV: Making Mediation Work
 
Nancy Kauffman and Barbara Davis
 
Gerald S. Clay and James K. Hoenig
 
Dwight Golann and Marjorie Corman Aaron
 
James E. McGuire
 
Donna M. Stringer and Lonnie Lusardo
 
Richard P. Flake
 
John M. Livingood
 
Charles B. Craver
 
Bruce A. Blitman and Jeanne Maes
 
Evan Slavitt
 
Robbie Mac Pherson
 
Jeffrey L. McClellan
 
James R. Madison
 
PART V: Attorneys and Mediation
 
Karin S. Hobbs
 
David Grappo
 
L. Randolph Lowry
 
L. Therese White and Bill White
 
Roger M. Deitz
 
Mori Irvine
 
Harold I. Abramson
 
Jeffrey Krivis
 
Robert W. Hassold, Jr.
 
Kent B. Scott and Cody W. Wilson
 
PART VI: Confidentiality and Ethics in Mediation
 
Dennis Sharp
 
Mattox Hair, Sharon Press and Brooks Rathet
 
Paul M. Lurie and Jeremy S. Baker
 
PART VII: Mediation in Specific Dispute Areas
 
Donald Lee Rome
 
Elissa Tonkin
 
Donald Lee Rome
 
Robert A. Harris
 
Lynn Sylvester and Ira B. Lobel
 
Robert S. Peckar
 
Amy G. London
 
Albert Bates, Jr. and L. Tyrone Holt
 
Vivian Berger
 
PART VIII: Mediation and the Legal System
 
Jay W. Stein
 
Jeffrey Krivis
 
Bruce E. Meyerson
 
David J. McLean and Sean-Patrick Wilson
 
Index

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Author Detail

The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.

Contributors:

Chapter 1: James R. Holbrook

James R. Holbrook serves on the American Arbitration Association’s roster of neutrals and is a clinical professor of negotiation and mediation at the S. J. Quinney College of Law at the University of Utah. Professor Holbrook holds a B.A. from Grinnell College, a M.A. from Indiana University, and a J.D. from the University of Utah

Chapter 2: Douglas E. Noll

Douglas E. Noll, a full-time mediator in California, has been on the panel of the American Arbitration Association since 1981. He is also an adjunct professor of law at San Joaquin College of Law and an adjunct professor of forensic psychology at Alliant University/California School of Professional Psychology. Mr. Noll received his B.A. from Dartmouth College, J.D. from University of the Pacific McGeorge School of Law, and M.A. from Fresno Pacific University. He is the author of Peacemaking: Practicing at the Intersection of Law and Human Conflict.

Chapter 3: Cris M. Currie

Cris M. Currie holds a M.A. in Conflict Resolution from Antioch University and is a registered nurse. He is a retired mediator and conflict management instructor and was a founder and co-director of the Dispute Resolution Center of Spokane County, Washington.

Chapter 4: Ira B. Lobel

Ira B. Lobel has a private practice exclusively devoted to mediation and arbitration. He is a member of the National Academy of Arbitrators and the Association for Conflict Resolution. He was a commissioner of the Federal Mediation and Conciliation Service from 1974 until 2003. Lobel received a B.S. from Cornell University and a J.D. from Catholic University. He is the author numerous articles on alternative dispute resolution. He can be contacted at iralobel@gmail.com.

Chapter 5: Mark R. Sherman

Mark R. Sherman is an associate professor of management at the University of Houston-Clear Lake. He holds a Ph.D. in Management from the University of New South Wales (Australia), an LL.M. from the London School of Economics, and an LL.B. from Warwick University (England). In his career as a labor arbitrator and mediator, he has heard hundreds of disputes in a wide variety of industrial settings. He is a member of the National Academy of Arbitrators. He has conducted research and published in numerous fields including labor relations, fair employment practices, industrial discipline, and dispute resolution. He resides in Houston and has a second office in Tampa. His e- mail address is markrsherman@att.net.

Chapter 6: Steven L. Schwartz

Steven L. Schwartz, the managing principal of ADRSolutions, conducts a national mediation and arbitration practice and is a Founding Fellow and past President of the International Academy of Mediators. He has held a number of university faculty positions, including with the University of Michigan and University of Florida, published and lectured widely in the field of ADR, and consulted with court systems and private businesses in developing conflict resolution programs. His law practice experience spans 30 years in state and federal trial and appellate courts.

Chapter 7: Gerald F. Phillips

Gerald F. Phillips is a full-time mediator and arbitrator specializing in large, complex commercial and entertainment disputes. Based in Los Angeles, he serves as a mediator and arbitrator on the American Arbitration Association panel for cases administered under the AAA Commercial Arbitration Rules and the Large, Complex Case Procedures. He also serves as a neutral for the Independent Film & Television Alliance (formerly the American Film Marketing Association) and the CPR Institute for Dispute Resolution. A founding member of the College of Commercial Arbitration, he is an adjunct professor at Pepperdine University School of Law where he teaches ADR in the entertainment industry. Mr. Phillips welcomes comments from readers about their med-arb experiences. He can be reached at gpillips@plllaw.com.

Chapter 8: David L. Erickson and Peter Geoffrey Bowen

David L. Erickson of David L. Erickson, LLC in Denver, is a member of the national panel of arbitrators of the American Arbitration Association, NASD, and the New York Stock Exchange. He has been selected as the final arbitrator in over fifty commercial and financial disputes among businesses. He was also the final arbitrator of athletic disputes for the 1996 Olympic Games Trials. Erickson is the official Historian of the Colorado Bar Association and is the author of three books and over fifty published articles. Erickson holds a Juris Doctor degree from the University of Denver. He has authored many articles and books.

Peter Geoffrey Bowen, Ph. D., of Morrison and Vail, is a member of the Department of Management faculty at Daniels College of Business, The University of Denver. Bowen is also a commercial arbitrator and is a member of the national rosters of neutrals of the American Arbitration Association, the Financial Industry Regulatory Authority (aka FINRA, the merged name of the New York Stock Exchange and NASD Dispute Resolution regulatory authorities) and formerly the Eagle County Attorney’s Office. He holds a doctorate in business administration with a focus on business law and its relevance to management decisions. Bowen has authored two books and published many articles.

Chapter 9: Amy L. Lieberman

Amy L. Lieberman is the Executive Director of Insight Employment Mediation in Scottsdale, Arizona. She has been repeatedly recognized as one of the “Best Lawyers in America,” “Southwest Superlawyers” and “Ranking Arizona’s Top Lawyers” in ADR. She is a Fellow of the American College of Civil Trial Mediators, and an ACR Advanced Practitioner in both workplace mediation and employment arbitration. She serves on mediator and arbitrator panels of the American Arbitration Association, and various other organizations. The author can be reached at amy@insightemployment.com.

Chapter 10: Roger J. Peters and Deborah Bovarnick Mastin

Roger J. Peters is Executive Vice President, General Counsel and Secretary of Dick Corporation, a national firm headquartered in Pittsburgh that provides general contracting, EPC, design-build services, construction management, project design review, value engineering, document control, cost control, inspection, and materials testing.

Deborah Bovarnick Mastin is assistant county attorney for the Miami Dade County Attorney’s Office.

Chapter 11: Peter J. Comodeca

Peter J. Comodeca is a partner at Calfee, Halter & Griswold in Cleveland, Ohio, focusing in the construction, commercial, and international areas. He is a member of the AAA’s Blue Ribbon Panel of Arbitration. Mr. Comodeca received a B.S. from the United States Military Academy, a J.D. from Harvard Law School, and a LL.M from the Judge Advocate Generals’ School.

Chapter 12: Bruce A. Blitman

Bruce A. Blitman is a mediator and an attorney with a solo practice in Fort Lauderdale, Fla. He has been certified by the Florida Supreme Court to serve as a mediator in cases referred by the Florida county, circuit civil and family courts. A mediator since 1989, Mr. Blitman is a Diplomat member of the Florida Academy of Professional Mediators and is a past president of The Academy. He can be reached at (954) 437-3446, or via e-mail at BABmediate@aol.com

Chapter 13: Joel E. Davidson

Joel E. Davidson is the former senior vice president and deputy general counsel at PaineWebber, (now UBS), and past Senior Counsel at Prudential Securities. He earned a J.D. from Fordham Law School. Mr. Davidson is a member of the Board of Editors of Securities Arbitration Commentator and has written widely on securities arbitration and mediation.

Chapter 14: Howard D. Venzie, Jr.

Howard D. Venzie, Jr. is a principal of Venzie, Phillips & Warshawer, Philadelphia, where his practice focuses on construction litigation and alternative dispute resolution. His experience in construction litigation includes all types of contract claims and disputes involving the construction of public and private projects. He is the former Co-Chair of the Commercial Arbitration and Mediation Committee of the Pennsylvania Bar Association and is a member of the American Bar Association’s Forum Committee on the Construction Industry, the Construction Committee of the Litigation Section and the Committee on Fidelity and Surety Law of the Section of Tort and Insurance Practice. He is a former member of the AAA’s Board of Directors and the AAA’s National Construction Dispute Resolution Committee. He is a member of the AAA commercial/construction panel of arbitrators and the AAA’s Large Complex Case panel of arbitrators, the Construction Arbitrator Master Panel, and the National Construction Arbitrator Training Faculty. Mr. Venzie has been selected as a Pennsylvania “Super Lawyer” in the category Mediator/Arbitrator - Philadelphia Magazine, “Pennsylvania Super Lawyers” (2005, 2006, 2007, 2008 and 2009) and selected for the 2006, 2007, 2008 and 2009 editions of The Best Lawyers in America. He is a frequent author, speaker and CLE course planner on arbitration, mediation and construction claims and disputes and has more than 30 years experience with construction arbitration as both an arbitrator and as an advocate and has served as a mediator in more than 500 construction/commercial cases since 1988. After receiving his undergraduate degree from Temple University, Mr. Venzie was awarded his law degree from Villanova University School of Law and served as Editor-in-Chief of the Villanova Law Review (1970-71).

Chapter 15: Jordi Agustí-Panareda

Jordi Agustí-Panareda is a lawyer in Spain and is currently doing research on mediation and conflict management at Stanford University.

Chapter 16: John Patrick Dolan

John Patrick Dolan is a solo practitioner and a criminal lawyer in California with 27 years of court-room experience. He also appears on television as a legal news analyst. He has written numerous books, including Negotiate like the Pros, from which this chapter is derived. When not practicing law, Mr. Dolan is a professional speaker, presenting key¬note speeches and training programs for business and legal professionals. He is a member of the California State Bar and is admitted to practice in courts in numerous federal jurisdictions, including the U.S. Supreme Court. His offices can be reached at 1-888-830-2620, or by e-mail at negotiatelikethepros.jpd@gte.net. His website provides information about his many activities: www.negotiatelikethepros.com.

Chapter 17: Bennett G. Picker

Bennett G. Picker is Senior Counsel at the Philadelphia law firm of Stradley, Ronon, Stevens & Young, LLP, where he serves as a full-time mediator and arbitrator. Mr. Picker is a Fellow of both the International Academy of Mediators and the American College of Civil Trial Mediators, and serves on the panels of the American Arbitration Association and the CPR International Institute for Conflict Prevention and Resolution. He is also a member of the Executive Committee of the American Arbitration Association’s Board of Directors. Mr. Picker is the author of the Mediation Practice Guide: A Handbook for Resolving Business Disputes (2nd edition) published in 2003 by the ABA Section on Dispute Resolution. Mr. Picker’s e-mail address is bpicker@stradley.com.

Chapter 18: Gerald F. Phillips

Gerald F. Phillips is a full-time, Los Angeles-based neutral specializing in large complex commercial and entertainment disputes. He serves as a mediator and arbitrator on the panels of the American Arbitration Association, the CPR Institute, and the Independent Film & Television Alliance. The author is also an adjunct professor at the Straus Institute for Dispute Resolution at Pepperdine University School of Law. The author would like to hear from readers who have experience asking the parties if they have considered mediation. He can be reached at gphillips@plljlaw.com. Mr. Phillips thanks the survey respondents for participating in the survey and permitting publication of their responses and comments. He also thanks his wife, Francine, for her help.

Chapter 19: Judith B. Ittig

Judith B. Ittig practices law in Washington, D.C. She serves as a mediator and arbitrator on the American Arbitration Association’s panels for construction, commercial and international cases. Mrs. Ittig is a Certified Mediator of the International Mediation Institute, a Fellow of the American College of Construction Lawyers, and a Fellow of the College of Commercial Arbitrators. She is listed in Best Lawyers in America (construction law and alternative dispute resolution) and SuperLawyers (construction litigation). She may be contacted at USBuildlaw@ittig-ittig.com.

Chapter 20: Donald R. Philbin, Jr

Donald R. Philbin, Jr. is an AV-rated attorney-mediator, negotiation consultant and trainer, and arbitrator based in San Antonio, Texas. He has resolved disputes and crafted deals for more than 20-years as a commercial litigator, general counsel, and president of communications and technology-related companies. Don has mediated hundreds of matters in a wide variety of substantive areas and serves as an arbitrator on several panels. He is an adjunct professor at the Straus Institute for Dispute Resolution at Pepperdine Law School, Chair of the ABA Dispute Resolution Section’s Negotiation Committee, and a member of the ADR Section Council of the State Bar of Texas. Don is an elected Fellow of the American Academy of Civil Trial Mediators and The International Academy of Mediators, and is listed in THE BEST LAWYERS IN AMERICA (Dispute Resolution), TEXAS SUPER LAWYERS, THE BEST LAWYERS IN SAN ANTONIO, and the BAR REGISTER OF PREEMINENT LAWYERS. Mr. Philbin may be contacted at don.philbin@ADRtoolbox.com. This chapter is adapted from “The One Minute Manager Prepares for Mediation: A Multidisciplinary Approach to Negotiation Preparation,” which appears in volume 13 of the Harvard Negotiation Law Review.

Chapter 21: William A. Blancato and C. Allen Gibson, Jr.

William A. Blancato is general counsel at John S. Clark Company, LLC, in Winston-Salem, North Carolina.

C. Allen Gibson Jr. is a partner in Buist Moore Smythe McGee P.A. in Charleston. This chapter was presented at the American Arbitration Association Construction Conference, “Making ADR Work for You and Your Projects,” held at the Association of the Bar of the City of New York on May 30, 2008.

Chapter 22: Robert S. Peckar

Robert S. Peckar is a founding partner of Peckar & Abramson, a Fellow of the American College of Construction Lawyers, and serves as General Counsel to the Building Trades Employers Association of New York, Building Contractors Association of New Jersey and the National Construction Financial Management Association. Mr. Peckar is a graduate of Rutgers University and the Columbia School of Law. He is a contributing editor to several construction law textbooks and is the author of New Jersey Construction Law.

Chapter 23: Fred D. Butler

Fred D. Butler is an attorney and mediator in San Francisco. He serves as a neutral for the American Arbitration Association, the U.S. Office of Equal Opportunity, the U.S. Postal Service, the University of California and a number of courts in the San Francisco Bay Area. He is a past president of the Northern California Mediation Association (NCMA). Mr. Butler is a graduate of Rutgers University and holds a M.P.A. from New York University and a J.D. from Hastings College of Law. The following was presented to the California State Bar.

Chapter 24: Cris M. Currie

Cris M. Currie holds a Master of Arts degree in conflict resolution from Antioch University and is a registered nurse. He is a retired mediator and conflict management instructor and was founder and former co-director of the Dispute Resolution Center of Spokane County, Washington.

Chapter 25: Lee A. Rosengard

Lee A. Rosengard is a senior partner in the Philadelphia-based Stradley, Ronon, Stevens & Young, LLP. A former chair of the firm’s Litigation Department, he currently serves as co-chair of its ADR Practice Group. Mr. Rosengard is an adjunct faculty member at Villanova University School of Law, where he teaches Interviewing and Counseling. He is a CPR Institute Distinguished Neutral and a member of the AAA Commercial Panel. This chapter was adapted from an article that appeared in Alternatives to the High Cost of Litigation. Copyright © 2003 CPR Institute for Dispute Resolution. Reprinted with permission of John Wiley Inc.

Chapter 26: Kevin W. Cruthirds, Ph.D.

Kevin W. Cruthirds, Ph.D. is an Assistant Professor of Management in the School of Business Administration, University of Texas at Brownsville. The author thanks Charles Cruthirds for his help with editing and proofreading this chapter.

Chapter 27: Mercédeh Azeredo da Silveira

Mercédeh Azeredo da Silveira is an attorney-at-law at Schellenberg Wittmer in Geneva, Switzerland, specializing in international arbitration. She holds an LL.M. from Columbia Law School. Ms. Azeredo da Silveira can be reached by phone at +41 (0) 22 707 8000 or by email at Mercedeh.daSilveira@swlegal.ch.

Chapter 28: Judith P. Meyer and Irena Vanenkova

Judith P. Meyer is a mediator and chair of the International Mediation Institute’s Independent Standards Commission.

Irena Vanenkova is IMI’s executive director.

Chapter 29: Nancy Kauffman and Barbara Davis

Nancy Kauffman taught human resource management, employment and labor law, and conflict resolution at the University of North Carolina at Asheville with many publications in those fields. She is a member of the National Academy of Arbitrators, serving as Chair of the History Committee from 2006-2010. She has retired from university faculty duties and from labor arbitration but continues to accept mediation cases from the Key Bridge Foundation which focuses on claims to the U.S. Dept. of Justice for Americans with Disability claims. In her 5th career, she is an artist who paints on bisque. Dr. Kaufman can be contacted at nancy.kauffman@naarb.org.

Barbara Ann Davis has a private mediation and collaborative law practice in Asheville, N.C., working primarily with separating and divorcing couples to help resolve family and legal issues outside of court, by agreement. Davis holds mediator certification from the NC Dispute Resolution Commission (dually certified in Family and Superior Court cases), US Postal Service, and the US Department of Agriculture, and is a certified mediation trainer with Atlanta Divorce Mediators. In 1984 Davis was the founding executive director of The Mediation Center, one of the first nonprofit community dispute settlement centers, where she coined the term “Mediation is Resolutionary!” Davis is a member of the International Academy of Collaborative Professionals (IACP) and has taught numerous mediation and Collaborative law seminars/courses throughout the southeast. She can be contacted at bdavis@BarbaraAnnDavis.com and her website is www.BarbaraAnnDavis.com.

Chapter 30: Gerald S. Clay and James K. Hoenig

Gerald S. (Jerry) Clay is a partner in the law firm of Clay Chapman Iwamura Pulice & Nervell where he emphasizes the practice of mediation and arbitration. Since 1975, Mr. Clay has presided over 500 mediation matters, particularly focusing on commercial and property disputes. He is the author of Before You Sue, - How to Get Justice Without Going to Court, an introduction to mediation. He is listed in Best Lawyers in America; Best Lawyers in Hawaii; and Super Lawyers in categories of alternative dispute resolution and construction law. Mr. Clay taught Negotiation and Conflict Resolution at Hawaii Pacific University from 1989 to 2004 and was an Adjunct Professor of Law at the University of Hawaii Law School in 2005. He has lectured and trained arbitrators and mediators for professional and dispute resolution organizations world-wide.

Jim Hoenig, J.D., PhD. (psychology) is the only person in Hawaii listed in both the “ADR” and “Family Law Mediation” categories in The Best Lawyers in America and Best Lawyers in Hawaii. He has over 20 years experience as a full-time mediator and arbitrator specializing in difficult and complex business and family matters. Mr. Hoenig graduated first in his class from Stanford and Stanford Law School. He was Law Review President, and he later served as Law Clerk to the Chief Justice of the United States Supreme Court. Lawdragon Magazine (in its 2006 survey, “500 Leading Judges in America”) said about Mr. Hoenig: “When Hawaii couples call it quits, he’s the mediator of choice to resolve contentious disputes.”

Chapter 31: Dwight Golann and Marjorie Corman Aaron

Dwight Golann is a professor of law at Suffolk University Law School in Boston. He is an active mediator of legal disputes and serves as a distinguished neutral for the CPR Institute and panels in Europe and Asia. Professor Golann is the principal author of MEDIATING LEGAL DISPUTES (2009) and co-author of RESOLVING DISPUTES (2010). Additional information is available at golannadr.com.

Marjorie Corman Aaron is a Professor of Clinical Law at the University of Cincinnati College of Law and Director of its Center for Practice. Also a mediator and arbitrator based in Cincinnati, Ohio, she was formerly Executive Director of the Program on Negotiation at Harvard Law School and Vice President and Senior Mediator at Endispute, Inc. Ms. Aaron received a B.A. from Princeton University and a J.D. from Harvard Law School. She is the co-author of MEDIATING LEGAL DISPUTES (2009), from which this chapter is drawn.

Chapter 32: James E. McGuire

James E. McGuire is a neutral-mediator and arbitrator with JAMS since 2004. He was formerly a member of the law firm of Brown, Rudnick, LLC and was chair of its ADR Practice Group. He is on the arbitration panel of the American Arbitration Association, and is a mediator with CPR, the International Institute for Conflict Prevention & Resolution. Mr. McGuire earned a B.A. from Harvard and a J.D. from Boston University School of Law.

Chapter 33: Donna M. Stringer and Lonnie Lusardo

Donna M. Stringer is president of Executive Diversity Services, Inc., a cross-cultural consulting firm in Seattle, Washington. She is a faculty member at the Intercultural Communication Institute in Portland, Oregon. Dr. Stringer holds a Ph.D. and is a social psychologist with over thirty years of experience in cross-cultural issues.

Lonnie Lusardo is owner, and principal consultant for The Diversity Collaborative in Seattle. He conducts cultural competency and other training for government agencies, corporations, and nonprofits. A certified mediator, he offers mediation skills as one technique to resolve cultural conflicts.

Chapter 34: Richard P. Flake

Richard P. Flake is a principal in the Houston firm of Cokinos, Bosien & Young and is a municipal judge for the City of Friendswood, Texas. Mr. Flake serves as a trainer for the American Arbitration Association and is on its roster of neutrals. He was named “Arbitrator of the Year” by the National Council of Better Business Bureaus for the southwestern United States. He earned a B.A. from the University of Texas at Austin (Phi Beta Kappa) and a J.D. from the University of Houston Law Center. He is the author of Mediating Construction Disputes: What Counsel Should Know About Mediation Advocacy, DISPUTE RESOLUTION JOURNAL (MAY-JUNE 2003); and Curtailing Litigation Costs: Effective Use of Arbitration, BUILDING PROFITS (March-April 2006).

Chapter 35: John M. Livingood

John M. Livingood has been mediating a wide variety of disputes for more than thirteen years. He has extensive training and experience in various styles of mediation. He is a mediator for the National Mediation Board. In addition, he has mediated for the U.S. Postal Service and the EEOC. The views expressed here are solely those of the author and should not be attributed to any other person or public or private entity.

Chapter 36: Charles B. Craver

Charles B. Craver is the Freda H. Alverson Professor of Law at George Washington University. He is the author of Effective Legal Negotiation and Settlement (6th ed. Lexis 2009), Skills & Values: Legal Negotiating (Lexis 2009), and The Intelligent Negotiator (Prima/Crown 2002). He is also the co-author (with Gerald Williams) of Legal Negotiating (West 2007) and (with Edward Brunet & Ellen Deason) of Alternative Dispute Resolution: The Advocate’s Perspective (3rd ed. Lexis 20061).

Chapter 37: Bruce A. Blitman and Jeanne Maes

Bruce A. Blitman is a mediator and an attorney with a solo practice in Fort Lauderdale, Fla. He has been certified by the Florida Supreme Court to serve as a mediator in cases referred by the Florida county, circuit civil and family courts. A mediator since 1989, Mr. Blitman is a Diplomate member of the Florida Academy of Professional Mediators and is a past president of The Academy. He can be reached at (954) 437-3446, or via e-mail at BABmediate@aol.com.

Jeanne Maes is professor of management at the Mitchell College of Business, University of South Alabama, and a faculty member at the Alabama Banking School. An experienced facilitator, consultant and executive trainer, Dr. Maes specializes in communication, conflict management, partnering, and leadership. She is a member of the Academy of Management, the Organization Development Institute, and serves as Editor-Peer Review of the Organization Development Journal. She has also served as a volunteer mediator for district court in Baldwin County, AL. She can be reached by email at jmaes@usouthal.edu.

Chapter 38: Evan Slavitt

Evan Slavitt is a partner in the Boston firm Bodoff & Slavitt LLP. Mr. Slavitt concentrates his practice in complex commercial litigation. He holds B.A. and M.A. degrees in economics from Yale and a J.D. from Harvard Law School, where he served as an editor on the Harvard Law Review. The views expressed herein are those of the author and not necessarily those of Bodoff & Slavitt LLP or any other organization.

Chapter 39: Robbie MacPherson

Robbie MacPherson is a Director of Gibbons, P.C. Newark, New Jersey. His law practice is limited to construction matters. He has been a court-appointed mediator for state and federal trial courts in New Jersey and New York and serves on the American Arbitration Association’s roster of construction arbitrators and mediators. He is former Chair of the American Bar Association’s Forum on the Construction Industry and a Fellow of the American College of Construction Lawyers. The New Jersey Bar Association’s Dispute Resolution Section named him the 2001 James B. Boskey ADR Practitioner of the Year.

Chapter 40: Jeffrey L. McClellan

Jeffrey L. McClellan is an administrator, teacher, trainer, counselor, and advisor at Utah Valley State College in Orem, Utah. He is currently completing a Ph.D. in Leadership Studies from Gonzaga University. His research interests are focused on the process of managing conflict as a means of fostering personal, interpersonal, and organizational growth and change.

Chapter 41: James R. Madison

James R. Madison is an arbitrator and mediator headquartered in the San Francisco Bay Area. He serves on the American Arbitration Association’s commercial, construction, employment and large complex case panels. He is a Fellow of the College of Commercial Arbitrators. He also chairs the Public Policy Committee of the California Dispute Resolution Council. His email address is jrmcoach@aol.com. His website is madisonmediation.com.

Chapter 42: Karin S. Hobbs

Karin S. Hobbs has mediated over 3,500 disputes over her 11 years as a full time mediator. In private mediation practice since, 2001, she was formerly Chief Appellate Mediator at the Utah Court of Appeals, board member of the Utah Council on Conflict Resolution, and chair of the Alternative Dispute Resolution Committee of the Utah State Bar. She is on the Board of the International Academy of Mediators, a member of the American College of Civil Trial Mediators, and regularly teaches negotiation and mediation to attorneys. Ms. Hobbs received her J.D. from the University of Utah S. J. Quinney College of Law.

Chapter 43: David Grappo

David Grappo is a commercial litigation attorney in the San Francisco Bay Area and has frequently represented financial institutions in mediations.

Chapter 44: L. Randolph Lowry

L. Randolph Lowry is the founder and director of the Straus Institute for Dispute Resolution and a law professor at Pepperdine University School of Law in Malibu, California. Lowry holds a B.A. and M.P.A. from Pepperdine University and a J.D. from Hamline University School of Law. He is co-author of Get Busy and Get Paid: Five Steps to Develop Your ADR Practice, DISPUTE RESOLUTION MAGAZINE (Spring 2003).

Chapter 45: L. Therese White and Bill White

L. Therese White is a mediator specializing in diversity-related employment disputes and conflict resolution training. She is an American Arbitration Association panelist in Los Angeles. She is on the American Arbitration Association’s National Registry of Mediators.

Bill White is an Associate Professor of Marketing at California State University, Los Angeles. He holds a B.S. from the University of Connecticut and a M.B.A. from Stanford University. He coaches minority executives in corporations, and non-profit and governmental organizations. He is also a business partnership mediator and coach. He can be reached at wwhite9000@yahoo.com.

Chapter 46: Roger M. Deitz

Roger M. Deitz is an attorney, mediator, and arbitrator based in New York and is the former Senior Trial Counsel of the U.S. Securities and Exchange Commission. He is a Special Master of the Supreme Court of the State of New York—Appellate Division. In addition he serves as co-chair of the Subcommittee for Commercial Disputes of the State of New York Unified Court System Alternative Dispute Resolution Advisory Committee. Mr. Deitz is a graduate of Brown University, Cornell Law School and Harvard Law School Program of Instruction for Lawyers.

Chapter 47: Mori Irvine

Mori Irvine has worked for the federal courts, practiced law, been a federal court mediator, taught law school, and been a judge. She holds her undergraduate degree from Lehigh University, her law degree from Gonzaga University School of Law, and her advanced law degree from Georgetown University Law Center.
She has taught mediation and negotiation at Georgetown, George Washington University Law School, and Emory Law School. Ms. Irvine has presented dispute resolution programs for the National Judicial College and the U. S. Department of Justice among others. She has also provided technical assistance to other Circuit Courts of Appeals in their development of court mediation programs. She has published numerous legal articles in professional journals and law reviews.
She can be reached at Mori_Irvine@comcast.net.

Chapter 48: Harold I. Abramson

Harold I. Abramson is a professor of law at the Touro Law Center in New York. He teaches and writes on international mediation and mediation representation. He also mediates and arbitrates domestic and international disputes. He serves on the mediation panels of the American Arbitration Association, the CPR Institute for Dispute Resolution, the U.S. District Court for the Eastern District of New York, and the Beijing Mediation Center. He can be reached by e-mail at Habramson@tourolaw.edu.

Chapter 49: Jeffrey Krivis

Jeffrey Krivis is a mediator and author of Improvisational Negotiation (Jossey Bass/A Wiley Imprint; winner of the 2006 CPR book award), from which this chapter is derived. A past president of the International Academy of Mediators and the Southern California Mediation Association, Krivis is an adjunct professor at the Straus Institute for Dispute Resolution at Pepperdine Law School. He can be contacted at his website, www.firstmediation.com.

Chapter 50: Robert W. Hassold, Jr.

Robert W. Hassold, Jr. has mediated more than 1,800 cases. In 1990 he undertook mediation training with the American Arbitration Association. Before starting his full-time mediation practice in 2000, he practiced law, focusing on contracts and civil litigation. A member of the AAA mediation panel, Mr. Hassold resides in South Carolina. He can be reached at robhassold@msn.com.

Chapter 51: Kent B. Scott and Cody W. Wilson

Kent B. Scott is a shareholder in the law firm of Babcock Scott & Babcock, PC in Salt Lake City, Utah whose practice focuses on the prevention and resolution of construction disputes. As a mediator and arbitrator, Mr. Scott currently serves on the American Arbitration Association mediation panel and the AAA Large Complex Construction Case Panel. He also serves on the panels of the U.S. District Court for the District of Utah, Utah State District Court and Utah Dispute Resolution. Mr. Scott is a founding member of the Dispute Resolution Section of the Utah Bar and a trustee of the Utah Council on Conflict Resolution.

Cody W. Wilson is an associate at Babcock Scott & Babcock PC, concentrating on construction law. He is a member of the ABA Forum on the Construction Industry, has received a BV rating by the Martindale-Hubbell Legal Directory and has been named as one of Utah's Legal Elite Lawyers in the area of Construction Law by Utah Business Magazine. Mr. Wilson currently serves as the Secretary to the Utah State Bar's Construction Law Section.

Chapter 52: Dennis Sharp

Dennis Sharp is a full time mediator and arbitrator for Sharp Resolutions, Inc. He is also the former regional vice president for American Arbitration Association and has held leadership positions in several ADR associations including holding president or chair positions in the California Dispute Resolution Council, the ADR Section of the San Diego County Bar Association, and the San Diego Chapter of Society of Professionals in Dispute Resolution.

Chapter 53: Mattox Hair, Sharon Press and Brooks Rathet

Mattox Hair is a former circuit judge for the Fourth Judicial Circuit of Florida and a member of Florida’s House of Representatives and Senate. He is also a Fellow of the American College of Civil Trial Mediation and a Diplomat of the Florida Academy of Certified Mediators, Inc. and is a certified mediator in Florida state courts the United States District Court, Middle District of Florida. Hair received a B.S. from Florida State University and a J.D. from the University of Florida College of Law.

Sharon Press is an Associate Professor of Law and serves as Director of the Dispute Resolution Institute at Hamline University School of Law in St. Paul, Minnesota. Previously, she served as Director of the Florida Dispute Resolution Center, a joint program of the Florida Supreme Court and Florida State University College of Law, where she was an adjunct professor. She served on the drafting committee for the Model Standards of Conduct for Mediators (Joint Standards) which were adopted by the American Arbitration Association, the American Bar Association and the Association for Conflict Resolution.

Brooks Rathet is a shareholder at Bromagen & Rathet, P.A. and is a certified mediator in Florida state courts. He earned a B.A. from the University of Virginia and a J.D. and M.A. from the University of Florida.

Chapter 54: Paul M. Lurie and Jeremy S. Baker

Paul M. Lurie is a partner in the Construction Law Group at Schiff Hardin LLP in Chicago. He is a member of the American Arbitration Association’s National Construction Dispute Resolution Committee. Mr. Lurie holds a B.A. from the University of Michigan and a J.D. from the University of Michigan Law School. He is a certified mediator by the International Mediation Institute and a Fellow of the International Academy of Mediators.

Jeremy S. Baker is an attorney in the Construction Law Group at Schiff Hardin LLP in Chicago. Mr. Baker holds a B.A. from the University of California Santa Barbara and a J.D. from the Tulane University School of Law.

Chapter 55: Donald Lee Rome

Donald Lee Rome is a mediator and arbitrator specializing in business, financial, and commercial disputes. He is retired from the law firm Robinson & Cole where he was senior partner. He is on the AAA’s National Roster for Commercial Financial Disputes and the Mediation and Arbitration National Commercial Roster.

Chapter 56: Elissa Tonkin

Elissa Tonkin, an experienced environmental mediator, is the director of the New England Regional ADR Program of the U.S. Environmental Protection Agency in Boston. Ms. Tonkin received a B.A. from Amherst College and a J.D. from the University Of Michigan School Of Law. The views expressed in this chapter are solely those of the author and do not necessarily reflect the official position of the EPA.

Chapter 57: Donald Lee Rome

Donald Lee Rome is a former senior partner at Robinson & Cole, is a full-time mediator and arbitrator in business cases. He serves on the American Arbitration Association training faculty and on the AAA roster of mediators and arbitrators. He has more than 40 years of legal experience with corporate transactions, including financings and reorganizations. Mr. Rome is the chairman of the Dispute Resolution Committee of the Business Law Section of the American Bar Association. He is a contributing author of the Mediation Practice Book, the Collier Bankruptcy Practice Guide, and Asset-Based Financing. He is also the editor and principal author of the Business Workouts Manual.

Chapter 58: Robert A. Harris

Robert A. Harris is an attorney with the Connecticut firm Zeldes, Needle & Cooper. His practice involves litigation, arbitration and mediation of business disputes. He serves on the roster of the American Arbitration Association. He has served as the chair of the ADR Section of the Connecticut Bar Association for the past three years, and he contributes a monthly column on ADR issues to the Connecticut Law Tribune.

Chapter 59: Lynn Sylvester & Ira B. Lobel

Lynn Sylvester holds a J.D. from the University of Wisconsin. She has been a mediator with the Federal Mediation and Conciliation Service since 1989.

Ira B. Lobel holds a J.D. from Catholic University. He now has a private arbitration and mediation practice and was a mediator with the FMCS from 1974 until his retirement in 2003.

In addition to their primary work in the labor field, the authors both have conducted numerous regulatory negotiations for several federal agencies, including the Center of Medicare Services, the U.S. Departments of Transportation and Education, the Department of Housing and Urban Development, and the Equal Employment Opportunity Commission. Ms. Sylvester can be reached at lsylvester@fmcs.com; Mr. Lobel can be reached at iralobel@gmail.com. The views expressed are the authors’ and do not reflect the views of the FMCS or any other entity.

Chapter 60: Robert S. Peckar

Robert S. Peckar is a founding partner of Peckar & Abramson, P.C.,—a law firm representing major construction contractors world-wide—and has long been an advocate of using ADR to resolve construction disputes. He previously served on the Dispute Avoidance and Resolution Task Force of the AAA’s National Construction Dispute Resolution Committee, and as chairman of the Private Dispute Resolution Committee of the American College of Construction Lawyers.

Chapter 61: Amy G. London

Amy G. London graduated from Brown University (1980) and the University of Pennsylvania Law School (1983). She has worked in the Tort Division of the New York City Law Department since graduating from law school, currently holding the position of Senior Counsel in the Medical Malpractice Unit. She has also served as a Continuing Legal Education instructor on the topic of defending cases brought against Emergency Medical Services. An abbreviated version of this chapter first appeared in the February 16, 2006 edition of the New York Law Journal. Reprinted with permission. Copyright © New York Law Journal 2006, ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited.

Chapter 62: Jeffrey M. Senger

Jeffrey M. Senger is Senior Counsel in the Office of the Associate Attorney General at the United States Department of Justice. He oversees civil litigation and mediation matters throughout the department. He has served as a federal mediator for the U.S. District Court and as a civil, family and criminal misdemeanor mediator for the Superior Court in Washington, D.C. He has also served as an arbitrator for the Better Business Bureau and the District of Columbia Bar Association. Mr. Senger teaches negotiation and mediation at Harvard Law School’s Program of Instruction for Lawyers, and serves on the Council of the Dispute Resolution Section of the American Bar Association and the Executive Committee of the CPR Institute. He has testified as an expert witness before Congress. This chapter is condensed from chapter 5 of Mr. Senger’s book, Federal Dispute Resolution (Jossey-Bass 2004). The book can be ordered through Amazon com or from this toll free number: 1-800-225-5945.

Chapter 63: Albert Bates, Jr., and L. Tyrone Holt

Albert Bates, Jr. is a partner in the Construction Group of Duane Morris, LLP, focusing on construction dispute resolution and domestic and international arbitration. Also an arbitrator and mediator, Mr. Bates serves on the Board of Directors of the American Arbitration Association and serves as the Chairman of the AAA’s National Construction Dispute Resolution Committee.

L. Tyrone Holt is the managing principal of The Holt Group LLC, in Denver, Colorado. Mr. Holt provides professional construction arbitration and mediation services throughout the United States through his company, Western Neutral Services, LLC. He is a Fellow of the College of Commercial Arbitrators and a Life Fellow of the American Bar Foundation. He currently serves on the governing committee of the ABA Forum on the Construction Industry. He is a co-editor and a chapter author of the book, Design Professional and Construction Manager Liability. He also serves on the AAA’s National Construction Arbitrator Master Panel.

Chapter 64: Vivian Berger

Vivian Berger is the Nash Professor of Law Emerita at Columbia Law School. An active mediator since the mid-1990s, Prof. Berger specializes in employment mediation. She mediates privately, serves on the AAA mediation panel and mediates employment disputes for the Equal Employment Opportunity Commission and the U.S. District Courts for the Southern and Eastern Districts of New York. She has met the criteria for the designation Advanced Practitioner in employment mediation by the Association for Conflict Resolution.

Chapter 65: Jay W. Stein

Jay W. Stein is a principal of Research and Resolution (Mediation, Research, and Education), in Columbus, Ohio. He has a Ph.D. from Columbia University’s Department of Public Law and Government, along with other graduate degrees. His university teaching and administrative posts included dispute resolution. Mr. Stein is the author of THE HOBGOBLIN DOCTRINE IN LAW, LIFE, AND WAR: CONSISTENCY AND INCONSISTENCY, WISE AND FOOLISH (Resolution Press, 2002).

Chapter 66: Jeffrey Krivis

Jeffrey Krivis is a private mediator and arbitrator in Los Angeles and teaches mediation at Pepperdine Law School/Straus Institute for Dispute Resolution. He is also on the board of directors of the International Academy of Mediators. Krivis received degrees from San Diego State University and Southwestern University School of Law. He is the author of IMPROVISATIONAL NEGOTIATION: A MEDIATOR’S STORIES OF CONFLICT ABOUT LOVE, MONEY, ANGER… (Jossey-Bass, 2006).

Chapter 67: Bruce E. Meyerson

Bruce E. Meyerson is a mediator and arbitrator in Phoenix, Arizona. He serves on the roster of neutrals of the American Arbitration Association. He is a past chair of the American Bar Association Section of Dispute Resolution. He can be reached at bmeyerson@lasotapeters.com.

Chapter 68: David J. McLean and Sean-Patrick Wilson

David J. McLean is a senior litigation partner at Latham & Watkins LLP and the managing partner of the New Jersey office. He is the former co-chair of the firm’s International Dispute Resolution practice group.

Sean-Patrick Wilson is a litigation associate in the New Jersey office of Latham & Watkins LLP. An abbreviated treatment of this subject matter was previously published by the authors in the New York Law Journal, vol. 240, no. 8, July 11, 2008.

Reviews

"The American Arbitration Association's useful Handbook on Mediation appears to target advocates involved in mediation and relatively new mediators, but nuggets of excellent advice abound for both experienced mediators and negotiators. Each contributor offers creative and practical advice and illustrates key points with interesting stories. While the articles use examples from specific arenas, each is applicable to a broad range of mediated cases. For example, risk analysis can and should be used not only for securities cases, but business, employment, personal injury, and professional liability cases as well. Similarly, how expert witnesses can be brought to the table applies not only in construction cases but also in business evaluation, family firm, and personal injury cases. Moreover, I would note that "perceptual errors" are certainly not limited to employment cases. Each of the noted articles, along with many of the others, contains perceptive analyses on ho w to integrate mediators into a holistic approach to dispute resolution. I recommend this handbook to advocates and mediators alike."

-Joe Epstein, President, Conflict Resolution Services, Inc.
International Academy of Mediators (IAM) Newsletter No.23 (May 2008)

 

"The American Arbitration Association Handbook on Mediation 2nd edition is a vast and impressive book. The handbook provides an excellent overview and detail of an increasingly complex field that can only be helpful to practitioners and students of mediation. Given the seemingly endless stream of literature which has emerged on mediation in the last 10 years yet another book may seem almost humdrum but if you are looking for one stop shopping for mediation theory and practice, it is to be found here.

The book is well written and skillfully edited with a blend of academic and practitioner authors and provides comprehensive coverage at just the right level of complexity for most if not all readers."

-Colm Brannigan is a Chartered Mediator and Arbitrator through the ADR Institute of Canada and Director of the ADR Institute of Ontario.

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