Featured Mediation Article


This week's featured article is written by Victoria Pynchon of Beverly Hills, California.

The Cost of a Thing is Your Life

When a decision-maker says, “it’s only about money,” he means that the choice to be made is purely rational and that strong emotions – feelings – will play no role in the analytic process to follow. When lawyers say a case is “only about money,” they are not only saying that emotional factors will not influence their decisions. They are often also... 

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  Mediation Blog Roundup    

Mediation blogging has come of age. To see our picks for the best mediation blogs on the web, click here.

Getting in Touch With the Whole World through Blogging: Part 2 of "Getting to Yes with ADR Blogs"  
by Diane Levin
Welcome to Part 2 of a series of essays on blogging for the conflict resolution community. The series began several weeks ago with "Getting to yes with alternative dispute resolution blogs: time for ADR practitioners to join the conversation". It was launched with...

Post-Decision Dissonance  
by Geoff Sharp
I spent this last week rising at 5.30am to head down to a pristine Fijian beach on the Pacific Ocean. I would sit on the sand, bleary eyed in my lavalava, watching the fishermen bring in their catch for the early morning wet markets of Suva and Nadi.  When we're on holiday I'm on ...

Marketing as a Dialogue: Building on What a Mediator Already Knows
by Tammy Lenski
If mediators understand and value dialogue, and know how to help create dialogue out of difficult conversations, then mediators, more than most, are well suited to Dialogue Marketing. While I’m using the term Dialogue Marketing as a way to...

If I Settle it Now... It Will Mean that I Killed Her
by Victoria Pynchon
The September 27 decision of the California Court of Appeal in Simmons v. Lida Ghaderi, affirmed the enforcement of a settlement agreement based upon documents prepared for and during a mediation, as well as on a sworn declaration by the mediator himself. The convoluted rationale supporting the...

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...



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