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Selected Publications On Mediation (print and video)

 “The Haunting Specter of Fiss’ Against Settlement,” in A. Hinshaw and A. Schneider, eds., Discussions in Dispute Resolution: The Formative Articles (Oxford University Press, 2021).

 

“Beyond Abstinence: Promoting Safe, Impartial, and Evaluative Acts” (co-authored with Dwight Golann), Dispute Resolution Magazine (October 2019).

 

Mediation of a Multi-Party Dispute – Ceiling Collapse, video directed and produced with Professor Dwight Golann, available through the ABA/Suffolk video website (2016).

 

Mediation of an International Business Dispute, video directed and produced with Professor Dwight Golann, available through the ABA/Suffolk video website (2016).

 

 “Shaking Decision Trees for Risks and Rewards” (co-authored with Wayne Brazil), Dispute Resolution Magazine (Fall 2015).

 

Mediation Advocacy in Fine Fix, video directed and produced with Dwight Golann, funded by JAMS Foundation (2012).

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 “Using Evaluations in Mediation,” with Dwight Golann, Chapter 31 in American Arbitration Association Handbook on Mediation, 2nd edition (JurisNet, LLC 2010) 327-355.

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One of two featured mediators in DVD, The Skills of a Legal Mediator,, by Dwight Golann, published by the ABA Section of Dispute Resolution, and JAMS Foundation (2009).

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 “Evaluation and Decision Analysis,” with Dwight Golann, Chapter 8 in D. Golann, ed., Mediating Legal Disputes (American Bar Association, Section of Dispute Resolution, 2009) 145-177.

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Negotiating Outcomes: Pocket Mentor Series (Harvard Business School Press, 2007).

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 “Do’s and Don’ts for Mediation Practice,” Dispute Resolution Journal, 11, 2 (Winter 2005) 19-22, included in Best Articles Published by the ABA, GP SOLO, Vol. 23, No. 2 (March 2005).

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“Finding Settlements with Numbers, Maps, and Trees,” in The Handbook of Dispute Resolution, M. Moffit and R. Bordone, eds. (San Francisco: Jossey Bass, 2005) 202-218.

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Mediators at Work: Termination Tempest (video, Harvard Law School Program on Negotiation), with D. Golann (2004).

 

Breach of Warranty: Foster Fuels (video, Harvard Law School Program on Negotiation 2002), with D. Golann.

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 “Initial Contacts in Mediation,” Alternatives, Vol. 20, No.9 (October) 167-180; Vol. 20, No. 10 (November 2002) 184, 204-205.

 “Evaluation in Mediation,” in Mediating Legal Disputes, D. Golann, ed. (Little, Brown & Co. 1996) 267–305.

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 “The Value of Decision Analysis in Mediation Practice,” in Negotiation Journal, 11, 2 (1995): 123–134. Awarded Second Prize for Excellence by CPR Institute for Dispute Resolution.

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Judicial Panel Notebook (1991), Copyright, Endispute Inc. (now JAMS), Boston.

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