PUBLICATIONS 

The following are summaries of publications authored by College Fellows for web-access.  Reprints can be obtained by contacting the author(s) or on-line as indicated.

Navigating The Mediation Process:
Overcoming Invisible Barriers To Resolution
Author:  Bennett G. Picker, Philadelphia, PA
Navigating The Mediation Process
Mediation involves many key relationships beyond that of plaintiff and defendant that could present barriers to resolution.  The author identifies some of these relationships, shows how they can create barriers to a successful mediation, and offers suggestions for overcoming these barriers.

What Mediation Can Do For Your Business
Author:  Charles W. Crumpton, Honolulu, HI
   Article Sept 2006 - Pacific Business News
All business ventures are shared learning experiences.  Cost-effective communication, negotiation and dispute prevention and resolution are essential tools of any successful business and business person.  Mediation is the fastest growing resource for business dispute prevention and resolution, and a tool no business, no matter how small, can afford not to develop and use on an ongoing basis.  This article identifies and provides practical tips on why, how and when businesses can benefit from developing and using this valuable tool. 

 
Mediation Practice Guide: 
A Handbook For Resolving Business Disputes (Second Edition)
Author:  Bennett G. Picker  (bpicker@stradley.com)
(http://www.iamed.org/pdf/MediationGuidepicker.pdf
Published in March, 2003, by the ABA Section of Dispute Resolution. This work provides a practical guide to the process of mediation and includes the following topics: suitability of a dispute for mediation; why mediation works or fails; mediator styles, strategies and techniques; how to select a mediator; how to prepare for mediation; role of the client in mediation; overcoming barriers to resolution; and effective negotiations in the mediation session. This volume of 222 pages includes an Appendix of mediation agreements, mediation rules and other related materials.

The Ethical Civil Trial Mediator
The Letter, The Spirit and The Practice
Author: Rodney A. Max @ Upchurch Watson White & Max (ramax@uww-adr.com)
This article begins with an inspiring recitation of the history of how mediation came into vogue in the State of Alabama. The author goes on to discuss how to conduct an ethical and profitable mediation practice . . . "With more conflict than all of us can handle, the "pie" of mediation opportunities is not limited. Its only limitation is the quality of the process that we make available. The higher that quality, the more we all benefit."

Multiparty Mediation
Author: Rodney A. Max @ Upchurch Watson White & Max, (ramax@uww-adr.com)
The definitive article on how to successfully mediate the complex multi-party case. Max addresses such issues as the facilities, pre-mediation attorneys caucuses, the opening session and the many faceted negotiations in a multi-party mediation. Learn how to move multiple parties into a reasonable settlement ballpark and how to bring them to home plate - the mediation agreement.

Mediation: The Humanization of the Justice System
Resulting In The Truest Equities Among The Parties
Author: Rodney A. Max @ Upchurch Watson White & Max (ramax@uww-adr.com)
and Kerry P. McInerney
Recognizing that too often a legal solution is not an equitable one, this article focuses on the difference between our current legal system and mediation. The article points out that the mediation process can help "breathe life" into the humanities on each side of the conflict.

A Matter of Principle:
The Role of Religious Philosophies in Resolution
Author: Rodney A. Max @ Upchurch Watson White & Max(ramax@uww-adr.com)
Kerry P. McInerney, and Jason A. Waddell
This thought provoking article recognizes that very often it is the parties' philosophical principles that the mediator must address in order to successfully motivate the parties toward attaining a meaningful resolution. The authors address how each of the three major faiths, Judaism, Christianity and Islam, deal with conflict resolution through in depth analysis and the use of actual mediated cases.

Breaking The Barriers in Negotiations
The Mediation Alternative
Author: Bennett G. Picker @ Stradley Ronon etc. (bpicker@stradley.com)
A well written synopsis of the benefits of the mediation process as contrasted with the win-lose environment of litigation. Picker highlights twelve reasons why mediation is an extremely effective alternative to direct and unassisted negotiations. The article is scheduled to appear this fall (2001) in "Alternatives", the monthly publication of the CPR Institute for Dispute Resolution.

Ethical Dilemmas in Mediation
Authors: Diane K. Vescovo, Allen S. Blair, and
Hayden D. Lait (hayden@memphismediation.com)
Published in the University of Memphis Law Review, Fall 2000 issue, this essay discusses many of the tough ethical questions we as mediators face every day. This work is especially relevant for mediators who still maintain an active law practice as it discusses many of the issues relating to conflicts that may arise regarding representation of clients of the mediator and his or her firm. The article also provides an in depth analysis of the mediator's responsibility to the parties.

Contract and Conflict Management
Author: Thomas J. Stipanowich @ CPR Institute for Dispute Resolution (tstipanowich@cpradar.org)
Published in the Wisconsin Law Review, Volume 2001, this article provides the reader with a comprehensive review of the types of alternative resolution remedies available to contracting parties and litigants, including a discussion of the role of all types of third party interveners to a dispute. The intent of this article is to stimulate awareness and understanding of the growing use of private governance mechanisms and private conflict management arrangements.

Mediating in the Shadow of the Courts:
A Survey of the Emerging Case Law
Author: James J. Alfini @ South Texas-College of Law (jalfini@stcl.edu)
and Catherine G. McCabe
Published in the Arkansas Law Review, Volume 54, 2001, this article provides an excellent review of the case law nationwide on such topics as confidentiality, good faith participation and the enforceability of mediated agreements. This issue of the Arkansas Law Review also contains an introduction by ACCTM Fellow Robert Moberly.