Publications

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Legal Education
Dispute Resolution Systems
Lawyering (including Cooperative and Collaborative Practice)
Mediation Theory and Practice

Legal Education

Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice, 2013 Journal of Dispute Resolution 1.

Lessons from Teaching Students to Negotiate Like a Lawyer, 15 Cardozo Journal of Conflict Resolution 1 (2013).

Teaching Students to Negotiate Like a Lawyer, 39 Washington University Journal of Law and Policy 109 (2012).

Suggestions for Using Multi-Stage Simulations in Law School Courses.

Principles for Designing Negotiation Instruction, 33 Hamline Journal of Public Law and Policy 299 (2012) (with Ximena Bustamante, Jay Folberg, and Joel Lee).

The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering, 25 Ohio State Journal on Dispute Resolution 247 (2010) (with Jean Sternlight).

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Dispute Resolution Systems

Family Lawyering:  Past, Present, and Future, 51 Family Court Review 20 (2013) (with Forrest S. Mosten).

Lessons from Teaching Students to Negotiate Like a Lawyer, 15 Cardozo Journal of Conflict Resolution 1 (2013).

Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money (ABA, 2011).

How Advocates Can Manage Cases Better, And Get Good Results, With ‘Planned Early Negotiation, 29 Alternatives to the High Cost of Litigation 161 (2011).

Teaching Students to Negotiate Like a Lawyer, 39 Washington University Journal of Law and Policy 109 (2012).

The Revolution in Family Law Dispute Resolution, 24 Journal of the American Academy of Matrimonial Lawyers 411 (2012).

Helping Lawyers Help Clients Make Good Decisions About Dispute Resolution, 17 Dispute Resolution Magazine 14 (Fall 2010). (Note that the published pages are 14-16.)

Can We Resolve Franchise Disputes Faster, Cheaper and Better?, LJN’s Franchising Business & Law Alert 1 (July 2010) (with Steven K. Fedder and Peter R. Silverman).

The Movement Toward Early Case Handling in Courts and Private Dispute Resolution, 24 Ohio State Journal on Dispute Resolution 81 (2008).

A Guide for Policymaking That Emphasizes Principles and Public Needs, 26 Alternatives to the High Cost of Litigation 829 (2008).

Improving Mediation Quality: You, Too, Can Do This in Your Area, 26 Alternatives to the High Cost of Litigation 829 (2008).

An Appreciation of Marc Galanter’s Scholarship, 71 Law and Contemporary Problems 147 (Spring 2008). (Note that pagination does not correspond exactly with published version.)

Principles for Policymaking about Collaborative Law and Other ADR Processes, 22 Ohio State Journal on Dispute Resolution 619 (2007) (received award from the International Institute for Conflict Prevention and Resolution for outstanding original professional article that advances understanding in the field of ADR).

Recommended ADR Policy Principles (four-page article summarizing principles described in “Principles for Policymaking about Collaborative Law and Other ADR Processes”).

Judging Judges and Dispute Resolution Processes, 4 Nevada Law Journal 457 (2007).

Listening to Experienced Users: Improving Quality and Use of Commercial Mediation, 13 Dispute Resolution Magazine 18 (Spring 2007) (with Rachel Wohl).

How Much Justice Can We Afford?: Defining the Courts’ Roles and Deciding the Appropriate Number of Trials, Settlement Signals, and Other Elements Needed to Administer Justice, 2006 Journal of Dispute Resolution 213.

Shifting the Focus From the Myth of “The Vanishing Trial” to Complex Conflict Management Systems, or I Learned Almost Everything I Need to Know About Conflict Resolution From Marc Galanter, 6 Cardozo Journal of Conflict Resolution 191 (2005).

Replace ‘The Vanishing Trial’ with More Helpful Myths, 23 Alternatives to the High Cost of Litigation 161 (2005).

Procedures for Building Quality into Court Mediation Programs, 23 Alternatives to the High Cost of Litigation 17 (2005).

Why a Good-Faith Requirement Is a Bad Idea for Mediation, 23 Alternatives to the High Cost of Litigation 1 (2005).

Focusing on Program Design Issues in Future Research on Court-Connected Mediation, 22 Conflict Resolution Quarterly 89 (2004).

“The Vanishing Trial” Report: An Alternative View of the Data, 10 Dispute Resolution Magazine 19 (Summer 2004).

Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs, 50 UCLA Law Review 69 (2002) (received honorable mention from the International Institute for Conflict Prevention and Resolution for outstanding original professional article that advances understanding in the field of ADR).

Getting the Faith: Why Business Lawyers and Executives Believe in Mediation, 5 Harvard Negotiation Law Review 137 (2000) (posted with permission of William S. Hein & Co., Inc.. Note that this is a large file and may take a while to download).

Failing Faith in Litigation? A Survey of Business Lawyers’ and Executives’ Opinions, 3 Harvard Negotiation Law Review 1 (1998) (posted with permission of William S. Hein & Co., Inc.. Note that this is a large file and may take a while to download).

Lawyers’ Routine Participation Directs Shape of ‘Liti-Mediation,’ 16 Alternatives to the High Cost of Litigation 53 (1998).

How Will Lawyering and Mediation Practices Transform Each Other?, 24 Florida State University Law Review 839 (1997).

Procedures for Handling Complaints of Student and Faculty Misconduct: A Report for the Shepard Broad Law Center at Nova Southeastern University (1997) (with William C. Warters).

Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace, 27 Law and Society Review 497 (1993) (with Lauren B. Edelman and Howard S. Erlanger).

Private Courts and Public Authority, 12 Studies in Law, Politics, and Society 393 (1992) (with Marc Galanter).

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Lawyering (including Cooperative and Collaborative Practice)

A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, 16 Cardozo Journal of Conflict Resolution (forthcoming 2014).

Getting to Yes Sooner, Cheaper, and Better, 16 Cardozo Journal of Conflict Resolution (forthcoming 2014).

Escaping Lawyers’ Prison of Fear, 82 UMKC Law Review 485 (2014).

How Corporations Can Resolve Disputes Sooner, Cheaper, and Better, Corporate Disputes Magazine, April-June 2014, at 28.  You can download the article by subscribing to the magazine for free by clicking here and then clicking on “downloads.”

Lessons from Mediators’ Stories, 34 Cardozo Law Review 2423 (2013).

Family Lawyering:  Past, Present, and Future, 51 Family Court Review 20 (2013) (with Forrest S. Mosten).

Lessons from Teaching Students to Negotiate Like a Lawyer, 15 Cardozo Journal of Conflict Resolution 1 (2013).

Teaching Students to Negotiate Like a Lawyer, 39 Washington University Journal of Law and Policy 109 (2012).

Getting Good Results for Clients by Building Good Working Relationships with “Opposing Counsel,” 33 University of La Verne Law Review 107 (2011).

An Empirical Analysis of Collaborative Practice, 49 Family Court Review 257 (2011). (Note that pagination does not correspond with published version.)

Why and How Lawyers Should Use a Planned Cooperative Negotiation Process (three page article with links to model agreement forms).

Negotiation in Litigation, Cooperative, and Collaborative Models of Lawyering (chart illustrating different models of negotiation).

Agreement To Use A Cooperative Negotiation Process (five page model form, including addendum to lawyer-client retainer agreement).

Collaborative Lawyers’ Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients’ Informed Consent to Use Collaborative Law, 25 Ohio State Journal on Dispute Resolution 347 (2010) (with Forrest S. Mosten).

Before You Take a Collaborative Law Case: What the Ethical Rules Say About Conflicts of Interest, Client Screening, and Informed Consent, 33 Family Advocate 31 (Fall 2010) (with Forrest S. Mosten).

A Recent Innovation, ‘Cooperative’ Negotiation, Can Promote Early and Efficient Settlement through Joint Case Management, 27 Alternatives to the High Cost of Litigation 117 (2009).

The Uniform Collaborative Law Act’s Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process, 38 Hofstra Law Review 611 (2009) (with Forrest S. Mosten).

Collaborative Lawyers’ Duties to Screen Cases for Appropriateness and Obtain Clients’ Informed Consent , 28 AFCC News 6 (Spring 2009) (with Forrest S. Mosten).

Learning From “Cooperative” Negotiators in Wisconsin, 15 Dispute Resolution Magazine 20 (Winter 2009).

Course Syllabus: Cooperative Practice: A New Technique to Negotiate Cases Successfully.

Practical Insights From an Empirical Study of Cooperative Lawyers in Wisconsin, 2008 Journal of Dispute Resolution 203.

Getting Better Results for Clients Using a Planned Negotiation Process (75-minute streaming video of presentation at the University of Nevada Las Vegas Saltman Center for Conflict Resolution on Oct. 2, 2009. The video is a bit choppy but the audio should be fine. If you have problems seeing the image, try using another browser such as Internet Explorer or click here.)

The Top Ten Reasons Collaborative Practitioners Give for Not Acknowledging Risks of Collaborative Practice (Particularly the Disqualification Agreement) (five-page article).

Wisconsin Lawyers Use “Cooperative Practice” in Divorce Cases (six-page summary of empirical study).

Developing Better Lawyers and Lawyering Practices: Introduction to the Symposium on Innovative Models of Lawyering, 2008 Journal of Dispute Resolution 1.

Principles for Policymaking about Collaborative Law and Other ADR Processes, 22 Ohio State Journal on Dispute Resolution 619 (2007) (received award from the International Institute for Conflict Prevention and Resolution for Outstanding Original Professional Article that advances understanding in the field of ADR).

Frequently Asked Questions About Cooperative Practice, including Why Should You Care? (four-page article).

Adding Cooperative Practice to the ADR Toolkit (“Engaging Conflicts” blog).

Common Misconceptions About Cooperative Legal Practice (three-page article).

Lessons for Collaborative Lawyers and Other Dispute Resolution Professionals from Colorado Bar Association Ethics Opinion 115, mediate.com (April 2007).

The Promise and Perils of Collaborative Law, 12 Dispute Resolution Magazine 29 (Fall 2005).

Fitting the Forum to the Family Fuss: Choosing Mediation, Collaborative Law, or Cooperative Law for Negotiating Divorce Cases, 42 Family Court Review 280 (2004) (with Gregg Herman).

Recommendation for Collaborative Law Groups to Encourage Members to Offer Cooperative Law in Addition to Collaborative Law (three-page article).

Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering, 64 Ohio State Law Journal 1315 (2003).

Negotiation: Evading Evasion: How Protocols Can Improve Civil Case Results, 21 Alternatives to the High Cost of Litigation 149 (2003).

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Mediation Theory and Practice

Lessons from Mediators’ Stories, 34 Cardozo Law Review 2423 (2013).

How Neutrals Can Provide Early Case Management of Construction Disputes, JAMS Global Construction Solutions, Spring 2011, at 6.

Improving Mediation Quality: You, Too, Can Do This in Your Area, 26 Alternatives to the High Cost of Litigation 89 (2008).

Doing The Best Mediation You Can, 14 Dispute Resolution Magazine 43 (Spring/Summer 2008).

Listening to Experienced Users: Improving Quality and Use of Commercial Mediation, 13 Dispute Resolution Magazine 18 (Spring 2007) (with Rachel Wohl).

Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs, 50 UCLA Law Review 69 (2002). (received honorable mention from the International Institute for Conflict Prevention and Resolution for outstanding original professional article that advances understanding in the field of ADR).

Mediation Madness, ABA Section of DR ADR Advocacy in Litigation Practice Committee videotape (2003) (co-producer).

Toward More Sophisticated Mediation Theory, 2000 Journal of Dispute Resolution 321.

Child Protection Mediation, Report on Trends in the State Courts, National Center for State Courts (2000).

Confidentiality in Dependency Mediation: Where Does it Begin and End?, AFCC (Association of Family and Conciliation Courts) Newsletter 3 (Fall 1999) (with Susan Butterwick).

The Children Are Why We’re Here, dependency mediation videotape (1999) (executive producer with Laurie Sadler).

A Call for Respect and Collaboration by Proponents of Rival Mediation Philosophies, 16 Alternatives to the High Cost of Litigation 1 (1998).

Relationships Drive Support for Mediation, 15 Alternatives to the High Cost of Litigation 95 (1997).

Court-Mandated Mediation in Rock County, Wisconsin, report prepared for the State Bar of Wisconsin and the Rock County Bar Association (1991) (with Edward Nelson).

Speaking for Mediation: How Can Mediators Educate the Public About Options for Mediation, Promote Individual Mediation Practices, and Enhance the Quality of Mediation Services?, Mediation Quarterly, Fall 1987 (Issue 17), at 23.

Mediation: A Good Way to Resolve and Prevent Disputes in Child Care Center Legal Handbook. Child Care Law Center, San Francisco, CA (1986).

Mediation Paradigms and Professional Identities: Can Mediators Activate a New Movement for Justice? Mediation Quarterly, June 1984 (Issue 4), at 19.

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