Research Guides: Alternative Dispute Resolution Research Guide: Mediation

Mediation Resources

Mediation: Law, Policy, and Practice by Sarah R. Cole
Call Number: KF9084 .M4. Row 69A
This publication is available via Westlaw. You will be prompted to enter your Westlaw credentials.
Designed for use by judges, legislators, and practicing attorneys, Mediation: Law, Policy & Practice provides analysis of mediation law developments, cases, statutes, and the mediation process itself.
Mediation: A Texas Practice Guide by Eric Galton
ISBN: 1879590425
Publication Date: KF9084 .G34 1993. Reserves
Deals with every aspect of the mediation process: its function, structure, joint sessions, private caucuses, and the roles played by the mediator, attorney, and the various parties in interest.
A-Z of Mediation by Marian Roberts
Call Number: K2390 .R62 2014 Row 24B
A-Z of Mediation succinctly captures the concepts, applications, debates, and critiques that are shaping this rapidly expanding field. Expertly organized into just over 80 entries, the book combines theory, research, and practitioner experience to provide a wealth of insight and analysis.
AAA Handbook on Mediation
Call Number: KF9084 .H354 2010. Row 69A
ISBN: 1933833505
The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediation. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), re-framing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results.
Advanced Negotiation and Mediation Theory and Practice by Thomas F. Guernsey; Paul J. Zwier; National Institute for Trial Advocacy (U.S.) Staff (Contribution by)
Call Number: K2390 .G83 2016
Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation.
Crafting Effective Settlement Agreements: a guidebook for attorneys and mediators by Brendon Ishikawa
Call Number: KF9084 .I85 2018 Row 69A
This desk reference will help attorneys and mediators: - Explore principles to follow to ensure an optimal drafting process and result for settlement agreement- Avoid potential traps during the preliminary settlement agreement process- Understand the legal requirements for settlement agreements- Navigate complex interpersonal dynamics of people with opposing interests- Analyze the practical implications of proposed contractual terms- Identify problematic settlement agreement terms- Explore ethical issues faced during the settlement agreement process- Draft an effective, binding, and enforceable settlement agreement
Lane and Calkins Mediation Practice Guide by Fred Lane
Call Number: KF9084 .Z9 C34.Row 69B
ISBN: 9781454836995
Deals with every aspect of the mediation process: its function, structure, joint sessions, private caucuses, and the roles played by the mediator, attorney, and the various parties in interest.
Making Settlement Work: an examination of the work of judicial mediators by Stacy Lee Burns
Call Number: KF9084 .B87 2000 Row 69A
Judges are central figures in dispensing justice, who serve as ajudicators deciding litigated questions and implementing decisions. Yet there is evidence to suggest that they devote much time to settling cases rather than adjudicating them. This study uses large money cases to examine practices.
Mediating legal disputes : effective strategies for neutrals and advocates by Dwight Golann; American Bar Association, Section of Dispute Resolution Staff (Contribution by)
Call Number: KF9085 .G643 2009. Row 69B
Combines theory with intensely practical techniques that the reader can use to resolve difficult legal disputes. It provides dozens of examples, drawn from the author's extensive experience, that bring tactical suggestions to life.
Mediation Theory and Practice by James J. Alfini
Call Number: KF9084 .M435 2006. Row 69A
Designed for use in a full-semester law school course on mediation or as a course book for clinical and mediator training programs, this text is a comprehensive guide to the growing field of mediation, combining theoretical, practical, and policy perspectives.
Representing Clients in Mediation: A Guide to Optimal Results based on Insights from Counsel, Mediators and Program Administrators by Spencer Punnett
Call Number: KF9084 .P85 2013. Row 69A
This comprehensive, 600-page book helps both experienced counsel and rookies advance their clients cause more effectively at every stage of the mediation process. A few more examples: Creating a plan for movement in offers and counteroffers; spotting the chance to arbitrage a deal point; mediation prep and its potential for cementing client relationships etc.
Stories Mediators Tell by Lela Porter Love; Glen Parker
Call Number: KF750 .M43 2016
The writers--24 top international mediators--were asked to write about moving, successful, unsuccessful, happy, sad and funny mediations.

The Corporate Counsel's Guide to Meditation by Gary Poon
Call Number: KF9084 .P66 2010. Row 69A
This book examines the unique role that corporate counsel can play in mediation and offers step-by-step guidance. Topics include: an overview of the mediation alternative for corporate counsel; drafting mediation clauses; court-directed mediations; selecting the right mediator; preparing a case for mediation; participating in the mediation sessions; follow-up action after the mediation; and cross-cultural mediations.
Mediation and Negotiation: Reaching Agreement in Law and Business Second Edition by E. Wendy Trachte-Huber; Stephen K. Huber
Call Number: KF9084 .T7325 200. Row 69B
hese materials focus on business transactions, defined broadly to include employment and consumer disputes. The only important exceptions are two forays into criminal law. Plea bargaining is examined as an important example of negotiation and victim-offender mediation is discussed as an interesting use of mediation.
Mediation Practice Guide: A handbook for resolving business disputes by Bennett G. Picker; American Bar Association, Section of Dispute Resolution Staff (Contribution by)
Call Number: KF9084 .Z9 P52 2003. Row 69B
Written in a user-friendly style, the book is provides invaluable and straightforward understanding of key suitabilty, preparation and advocacy issues in mediation.

The Complete Guide to Mediation: How to Effectively Represent your Clients and Expand your Family Law Practice by Forrest S. Mosten; Elizabeth Potter Scully
Call Number: KF505.5 .M68 2015. Row 44A
Provides proven strategies from experts on techniques such as the art of listening, collaboration, dissecting information, empathy, peacemaking, and reconciliation. If you want to become a more effective mediator and expand your practice, this is the book for you.
Divorce and Family Mediation: Models, Techniques, and Applications by Jay Folberg; Ann L. Milne; Peter Salem
Call Number: KF535 .D596 2004. Row 44A
Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families.
Family Mediation: Theory and Practice by Jane C. Murphy; Robert Rubinson
Call Number: KF505.5 .M87 2015. Row 44A
The new edition also includes an updated and expanded statutory appendix featuring representative changes in court-based mediation rules and statutes, including new approaches to court treatment of domestic violence cases in family mediation as well as new rules on confidentiality and mediator qualifications and training. The remaining chapters are wholly revised and updated, including additional materials on mediating financial issues, domestic violence and mediation, mediator neutrality, and power differentials.
Mediation for Estate Planners: Managing Family Conflict by Susan N. Gary
Call Number: KF750 .M43 2016. Row 44B
Supplies the basic tools to understand and employ mediation within an estate planning practice; provides guidance for lawyers in recommending mediation to clients at an early stage so that families are able to resolve disagreements with less damage to personal relationships; explains practical perspectives, including ethical issues as well as perspectives from both the mediator and the lawyer- Considers the range of specific applications for mediation, including its use at the planning stage and after death, and more. Also includes practice resources, including a Tool Kit, bibliography, and more
Light on Peacemaking: a guide to appropriate dispute resolution and mediating family conflict by Thomas DiGrazia
Call Number: KF505.5 .D53 2016
ISBN: 9781631573118
This book is intended for the professional peacemaker, mediator, lawyer, law student, conciliator, and dispute neutral. Those in the family law field, will find much benefit from the peacemaking processes, family counseling psychology, Eastern philosophy and Yoga, collected wisdom, experience and practice pointers presented in Light on Peacemaking.

Combining Mediation and Arbitration in International Commercial Dispute Resolution by Dilyara Nigmatullina
Call Number: K2400 .N53 2019. Row 24B
In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner's legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration.
Constructive Interventions: paradigms, process and practice of international mediation by Lars Kirchhoff
Call Number: KZ6045 .K57 2008 Row 90A
The work starts by defining the challenges, potentials, and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way.
Global Issues in Mediation by Jacqueline Nolan-Haley; Ellen Deason; Mariana Gonstead
Call Number: K2390 .N64 2019. Row 24B
Provided by Westlaw. You will need to enter your personal Westlaw Credentials to gain access to this resource.
This book is an essential read for mediators, arbitrators, students, attorneys, policy makers, business people, and other professionals involved with cross-border interactions. It provides a comprehensive and cutting-edge overview of topics that are essential for informed decision-making about resolving disputes in our global landscape.
International Arbitration and Mediation: A Practical Guide by John Savage; Michael Mcilwrath
Call Number: K2400 .Q82 2019. Row 24B
The practical guidance includes: How to determine which dispute resolution clauses work best for different international contracts, and how to negotiate those clauses; What preliminary steps parties should consider to preserve their rights when a dispute arises; Whether and how to appoint counsel; When and how to perform an early case assessment (ECA); How to organise and conduct international mediations and arbitration proceedings; How to enforce (or set aside) arbitral awards; and Securing the benefit of additional protections available through investment treaties.
Mediating International Crises by Kathleen Young; David Quinn; Victor Asal; Jonathan Wilkenfeld
Call Number: JZ6045 .M43 2005. Row 6B
This important research attempts to determine whether third-party mediation is an effective means of alleviating or managing the turbulent and violent consequences of crises. The authors examine three approaches to mediation: facilitation communication between parties, formulating possible agreements, and manipulating the parties through sanctions or rewards.
Mediation: principles and regulation in comparative perspective by Klaus J. Hopt; Felix Steffek
Call Number: KJE4169 .M43 2013 Row 89A
ISBN: 9780199653485
The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice.
Mediation in International Commercial and Investment Disputes by Catharine Titi (Editor); Katia Fach Gomez (Editor)
Call Number: K2400 .M43 2019. Row 24B
ISBN: 9780198827955
The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation.
Mediation of International Conflicts: A Rational Model by Lesley G. Terris
Call Number: JZ6045 .T47 2017. Row 6B
This work argues that diverse conflict structures are inherently different in their susceptibility to mediation attempts. By offering a systematic method for measuring the transformability of conflict structures, this book contributes to our understanding of the sufficient and necessary conditions for mediation.
Mediation Representation: Advocating as a Problem-solver (in any Culture or Country) by Harold I. Abramson
Call Number: KF9084 .A27 2010. Row 69A
This second edition introduces new material on resolving moneyed disputes, dealing with emotions, sharing information, interviewing mediators and their references, choosing between joint sessions and caucuses, generating movement, proactively enlisting the mediator, searching for creative solutions, and navigating legal issues when drafting agreements. It also includes new approaches to assessing and preparing opening statements and refines the critical techniques for bridging any final gap.
Peacemaking in International Conflict by I. William Zartman (Editor)
ISBN: 9781929223664
Publication Date: JZ6010 .P42 2007. Row 6B
This updated and expanded edition of the highly popular volume originally published in 1997 describes the tools and skills of peacemaking that are currently available and critically assesses their usefulness and limitations.

Sport, Mediation and Arbitration by Ian S. Blackshaw
Call Number: K3702 .B53 2009. Row25B
Explains in clear and straightforward terms the various forms of alternative dispute resolution (ADR) methods available for dealing with a wide range of different kinds of sports disputes, which are on the increase, not least because of the huge sums of money that are nowadays at stake in sport at the elite level.
Anatomy of a Mediation: A Dealmaker's Distinctive Approach to Resolving Dollar Disputes and Other Commercial Conflicts by James C. Freund
Call Number: KF9084 .F749 2012. Row 69A
After three decades of negotiating major M & A transactions at Skadden, Arps, Slate, Meagher & Flom LLP, JIM FREUND turned after retirement to mediating large business disputes. This is his tenth book-others include Anatomy of a Merger, Lawyering, Smart Negotiating, and smell Test. Through his books, videos, seminars and classes, he has taught negotiating, problem-solving, and other lawyering/business topics to several generations of lawyers and law students. Book jacket.
The Handbook of Victim Offender Mediation: An Essential Guide to Practice and Research by Mark S. Umbreit
Call Number: You searched for: HV8688 .U437 2001. Row 4B
ISBN: 0787954918
The Handbook of Victim Offender Mediation provides practical guidance and resources for offering victim meditation in property crimes, in minor assaults, and, more recently, with crimes of severe violence, including with family members of murder victims who request to meet the offender.
Bioethics Mediation: A Guide to Shaping Shared Solutions by Nancy Neveloff Dubler; Carol B. Liebman
Call Number: R723.5 .D82 2004. Row 90B
ISBN: 9781881277705
This book provides the theory, practice, and hands-on tools needed to resolve the medical care disputes that regularly entangle patients, family members, physicians, and other health care professionals.
Mediation Ethics: a practitioner's guide by Omer Shapira (Editor)
Call Number: KF9084 .S536 2021
Written by 15 leading mediation scholars, with special expertise in mediation ethics, each scholar contributes a chapter on a topic within his or her expertise. Each chapter provides a careful examination of a topic related to the practice of mediation and suggests ethical guidelines grounded in ethical theory, codes of conduct for mediators, and mediator ethics advisory committees' (MEAC) opinions.
Civic Fusion: mediating polarized public disputes by Susan L. Podziba
Call Number: KF9084 .P63 2012 Row 69A
To help mediators understand how powerful the tool of mediation is and help them reach their full potential, this guide outlines what civic fusion is and provides real-world examples of cases with positive outcomes.
Mediation for Estate Planners: Managing Family Conflict by Susan N. Gary
Call Number: KF750 .M43 2016. Row 44B
Supplies the basic tools to understand and employ mediation within an estate planning practice; provides guidance for lawyers in recommending mediation to clients at an early stage so that families are able to resolve disagreements with less damage to personal relationships; explains practical perspectives, including ethical issues as well as perspectives from both the mediator and the lawyer- Considers the range of specific applications for mediation, including its use at the planning stage and after death, and more. Also includes practice resources, including a Tool Kit, bibliography, and more

American Bar Association Committee on Mediator Ethical Guidance
"The current scope of the Committee is limited to the consideration of ethical issues pertaining to mediation. The Committee may accept an inquiry from an ABA member, an individual who is not an ABA member, an organization or may consider an issue on its own initiative."
JAMS Forms
JAMS forms for arbitration and mediation including a demand for arbitration form, a Federal Arbitration Act subpoena form, case submission forms, and a sample mediation agreement.
JAMS Mediator Ethics
"The purpose of these Ethics Guidelines is to provide basic guidance to JAMS mediators regarding ethical issues that may arise during or related to the mediation process."
Mediation Resources
Texas Law Center for Public Policy Dispute Resolution.
Provides resources including ethical guidelines for mediators in Texas, ADR model guidelines, and model standards of conduct for mediators.