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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).

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

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).

 “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.

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

 “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).

“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.

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.

 “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.

 “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.

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

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