Sarah Cole on Deskilling, Disclosure, and Completing the Picture
](https://mediationmagazine.adr.org/medaition-sarah-cole-on-deskilling-disclosure-and-completing-the-picture/) - We sat down with our friend and colleague Sarah Cole, a mediation scholar and practitioner, and the Michael E. Moritz Chair in Alternative Dispute Resolution at the Ohio State University Moritz College of Law. Sarah is now in her third year as a Scholar in Residence for the International Academy of Mediators (IAM), a role - [MedAItion --Meet Adri: Inside Renee Jackson's AI Mediator at Dyspute.ai
](https://mediationmagazine.adr.org/medaition-meet-adri-inside-renee-jacksons-ai-mediator-at-dyspute-ai/) - Renee Jackson is the founder of Dyspute.ai, a company built around what she believes is the first true AI mediator. She came up with the idea in March 2024, launched a beta in March 2025, and relaunched a fully rebuilt version this past January. She is also, not incidentally, a former college basketball player, a - [International --The Tyranny of the Single Day: Why International Mediation Must Outgrow Its Favorite Format
](https://mediationmagazine.adr.org/international-the-tryranny-of-the-single-day-why-international-mediation-must-outgrow-its-favorite-format/) - There is a ritual most readers of this magazine will recognise. The parties arrive at eight-thirty. Opening session by ten, if there is one at all. Caucuses through the morning, positions restated over sandwiches, the first real movement somewhere around three in the afternoon. By six, the mediator is carrying numbers down the corridor. By - [International --Choreography Is Not Architecture: The Design Competence Mediation Never Built
](https://mediationmagazine.adr.org/international-choreography-is-not-architecture-the-design-competence-mediation-never-built/) - Two neutrals, one week, two comparable disputes. In the arbitration, the first procedural conference runs the better part of two hours. The timetable is argued over. Memorials or pleadings. Whether there will be document production and on what model. A Redfern schedule and who populates which column. Expert conferencing, hearing length, transcript, site visit. At - [Mediation Aspects of SB940 in California --Moving Toward Final Recommendations on Mediator Certification
](https://mediationmagazine.adr.org/mediation-aspects-of-sb940-in-california-moving-toward-final-recommendations-on-mediator-certification/) - Welcome back to Mediation Aspects of SB940 in California, a series that provides updates on Business and Professions Code 6173, which created a voluntary certification program for mediators and other alternative dispute resolution (ADR) professionals in California. The new program “aims to promote adherence to ethical standards for ADR services and establish consumer protection mechanisms.” - [Mediation Aspects of SB940 in California --Public Comment Period Begins and Provider Organization Requirements
](https://mediationmagazine.adr.org/mediation-aspects-of-sb940-in-california-public-comment-period-begins-and-provider-organization-requirements/) - Welcome back to Mediation Aspects of SB940 in California, a series providing updates on Business and Professions Code 6173, which created a voluntary certification program for mediators and other alternative dispute resolution (ADR) professionals in California. The new program “aims to promote adherence to ethical standards for ADR services and establish consumer protection mechanisms.” This - [Protecting Elder Dignity, Resolving Family Conflict: A Practitioner's Framework for Inheritance Disputes and Financial Abuse in Muslim Families](https://mediationmagazine.adr.org/protecting-elder-dignity-resolving-family-conflict-a-practitioners-framework-for-inheritance-disputes-and-financial-abuse-in-muslim-families/) - Abstract This paper presents a practitioner's framework for addressing elder financial abuse and inheritance disputes in Muslim families. Drawing from Islamic theological sources and frontline mediation experience in the United Kingdom and Canada, the author proposes a restorative four-step Sulha (reconciliation) framework as an alternative to adversarial litigation. The paper includes global prevalence statistics on - [Classic Mediators' Proposals Are Alive and Well](https://mediationmagazine.adr.org/classic-mediators-proposals-are-alive-and-well/) - The ABA’s recent Ethics Opinion No. 518 has sparked a discussion about how, if at all, it may restrict the use of mediators’ proposals. My estimable colleague Jeff Kichaven has argued that the Opinion, and other ethical rules or standards, prohibit all but one form of a mediator’s proposal.[1] Because I fear his argument may - [Integrating Life Experiences into the ADR Toolbox: Lessons from Teaching Conflict Resolution in Schools](https://mediationmagazine.adr.org/integrating-life-experiences-into-the-adr-toolbox-lessons-from-teaching-conflict-resolution-in-schools/) - Alternative Dispute Resolution (ADR) professionals often refine their skills through formal training, mentorship, and practice. However, life experiences, particularly those that place us at the intersection of conflict and resolution, offer invaluable insights that shape how we approach disputes. My own journey in ADR has been profoundly influenced by my experience teaching conflict resolution and - [Dispute Review Boards, Standing Construction Mediators, or Mandatory Mediation -- What Is the Best Fit for Your Construction Project?](https://mediationmagazine.adr.org/dispute-review-boards-standing-construction-mediators-or-mandatory-mediation-what-is-the-best-fit-for-your-construction-project/) - It’s a Tuesday morning. The hotel project is 20 months in. Drywall is up, the rough mechanical is signed off, and the finishes are starting to land on site. The tile sub gets the phone call he has been dreading. His supplier is on the other end. The price is up 20%, and the tile - [MedAItion --Rebecca Fordon's Free Toolkit for Mediators
](https://mediationmagazine.adr.org/medaition-rebecca-fordons-free-toolkit-for-mediators/) - We invited Rebecca Fordon to chat with us because she has a rare gift: she can explain frontier AI tools to a room full of Luddites and make it feel like the most natural thing in the world. Rebecca is the Assistant Director for Innovation, Research, and Instruction at the Moritz Law Library at The - [Safety Guidance for ADR Practitioners: The Key Is Preparation](https://mediationmagazine.adr.org/safety-guidance-for-adr-practitioners-the-key-is-preparation/) - Since the end of the COVID-19 pandemic, many mediators have returned to conducting in-person processes. For some, it provides a better sense of what is happening in the room, feels more comfortable, frees them from the constraints of technology, or offers a better opportunity to build rapport. Whatever the reason for conducting mediation in person, - [Mediation in Ireland](https://mediationmagazine.adr.org/mediation-in-ireland/) - Introduction On St. Patrick’s Day 2026, the Irish Minister for Enterprise, Tourism, and Employment joined the CEO of the American Arbitration Association and the International Centre for Dispute Resolution to announce a landmark joint venture: the creation of ICDR Ireland. While the specific details of this initiative continue to take shape, the timing appears ideal - [International --Codes, Confidence and Complexity: Regulating Mediators in Cross-Border Disputes
](https://mediationmagazine.adr.org/international-codes-confidence-and-complexity-regulating-mediators-in-cross-border-disputes/) - The mediation community periodically returns to the same difficult question: should mediators be regulated more closely, and if so, how? The question is now receiving fresh attention in England and Wales through the Civil Mediation Council’s consultation on a draft Code of Professional Practice for Mediators. The draft aims to define what it means to - [AI in the Mediation Room: How Artificial Intelligence Is Reshaping Construction Dispute Resolution](https://mediationmagazine.adr.org/ai-in-the-mediation-room-how-artificial-intelligence-is-reshaping-construction-dispute-resolution/) - Construction conflicts are rarely simple. They involve technical complexity, compressed schedules, shifting scopes, and financial stakes that can threaten a project - or a company - overnight. When those disputes arise, the instinct to litigate is understandable. But it is rarely the smartest first move. Before filing a claim or heading to arbitration, practitioners have - [MedAItion --Translating Innovation for the Everyday Mediator
](https://mediationmagazine.adr.org/medaition-translating-innovation-for-the-everyday-mediator/) - As mediators, we often describe our work as "looking outside the box." We challenge parties to move beyond rigid legal positions and explore creative, interest-based solutions. Yet, when it comes to our own profession, we have a confession to make: the mediation community has become surprisingly rigid. In a recent conversation with our colleague Alyson - [Identify Your Power as a Mediator Using Stoic Philosophy](https://mediationmagazine.adr.org/identify-your-power-as-a-mediator-using-stoic-philosophy/) - A skilled mediator is not a mere functionary who passively shuttles back and forth between the parties in the hopes of achieving a settlement. Ideally, the mediator wields great power in helping those involved to focus their energies on the common goal of resolution, despite the feelings of anger, fear, frustration, and resentment they may - [Best Practice for Mediators: Tools and Tactics to Overcome Perception Barriers and Close Deals](https://mediationmagazine.adr.org/best-practice-for-mediators-tools-and-tactics-to-overcome-perception-barriers-and-close-deals/) - A. Introduction Experienced mediators recognize that when parties frequently arrive at mediation, they are convinced that their understanding of the dispute is correct and that a judge or jury will validate their position. When opposing parties hold sharply different views about what happened, who bears responsibility, and what constitutes a fair outcome, negotiations can stall - [Fairness: More Than Neutrality](https://mediationmagazine.adr.org/fairness-more-than-neutrality/) - Most neutrals believe fairness to be self-evident. They equate it with impartiality, equal treatment, and avoiding conflicts of interest. But while ADR fairness principles form the foundation of neutrality, they address only part of what fairness means in the context of dispute resolution: how the parties experience fairness during the process itself. For example, I - [Is Your Dispute Suited for Mediation? And If So, When, and to What Extent? -- A Practitioner's Checklist](https://mediationmagazine.adr.org/is-your-dispute-suited-for-mediation-and-if-so-when-and-to-what-extent-a-practitioners-checklist/) - The most recent White & Case Queen Mary University of London (QMUL 2025) survey reported that 87% of respondents chose international arbitration to resolve cross-border disputes; 48% of those respondents chose to combine arbitration with other ADR processes (mechanisms such as mediation, expert determination, and dispute boards). While 48% is a significant number, it is - [Trust in Your Virtual Mediator](https://mediationmagazine.adr.org/trust-in-your-virtual-mediator/) - As a result of the COVID shutdown in 2020, the mediation field, like many professions, has become a flexible process. Initially, attorneys hesitated to engage in online mediation. Now, however, participating on a video platform appears to be the preferred method. As with an in-person mediator, a virtual mediator must develop a rapport with parties - [Late Production of Certified Vendor Data (CVD): A Root Cause of EPC Project Delays](https://mediationmagazine.adr.org/late-production-of-certified-vendor-data-cvd-a-root-cause-of-epc-project-delays/) - Late delivery of certified vendor data (CVD) is an often-overlooked root cause of construction project delays, especially on complex industrial projects such as power plants and manufacturing facilities. In my experience overseeing numerous such projects, I've seen critical vendor information for engineered items arrive much later than promised or required, triggering cascading schedule impacts that - [Ethics --Mediation Standards of Conduct
](https://mediationmagazine.adr.org/ethics-mediation-standards-of-conduct/) - In this inaugural column on mediation ethics, we invite you to think about the subject not as a list of black-and-white rules, but rather as a vast constellation of influences shaping our worldview and how we conduct ourselves within that broad expanse, yet remain governed by the rules of the profession. Personal and Moral Values - [The Intersection of DEI and Mediation](https://mediationmagazine.adr.org/the-intersection-of-dei-and-mediation/) - Summary This article outlines why DEI matters to mediation, identifies ethical tensions, and provides practical strategies—intake design, mediator selection, process tools, and metrics—to make mediation more equitable and effective. ------------------------------------------------------------------------------------------------------------------------ Mediation is built on voluntary participation, party autonomy, and the mediator’s commitment to neutrality and confidentiality. The appeal is clear: it is faster, more collaborative, and often - [How California's Fair Payment Act Will Reshape Construction Disputes in 2026](https://mediationmagazine.adr.org/how-californias-fair-payment-act-will-reshape-construction-disputes-in-2026/) - At the beginning of 2026, California implemented a new law that transforms how payment disputes are resolved on private construction projects – are you prepared? Private construction contracts entered into on or after Jan. 1, 2026, will be subject to Senate Bill 440, also known as the Private Works Change Order Fair Payment Act (the - [Not All Exes Are Exes: A Mediator's Reflection on Children, Divorce, and Extended Family](https://mediationmagazine.adr.org/not-all-exes-are-exes-a-mediators-reflection-on-children-divorce-and-extended-family/) - An hour before a dinner party one night, a friend called to say he would not be able to attend. I was, at first, mildly annoyed. My wife and I had already purchased the food, including some very expensive fish. (As an aside, the fish turned out to be spectacular and worth every penny—and we - [One Battle After Another ... Until Mediation: Winning Strategies for Settling Entertainment and Complex Business Disputes](https://mediationmagazine.adr.org/one-battle-after-another-until-mediation-winning-strategies-for-settling-entertainment-and-complex-business-disputes/) - Hollywood mediations never follow the same script. Their drama is high, emotional arcs soar, and the protagonists are saints today and then villains tomorrow. For the cast of characters – clients, litigators, and mediators alike – the settlement process is a stage upon which they all play their part. On the one hand, this compelling - [Helping Parties Value Cases for Settlement: A Mediator's Role in Turning Positions Into Decisions](https://mediationmagazine.adr.org/helping-parties-value-cases-for-settlement-a-mediators-role-in-turning-positions-into-decisions/) - By mid-afternoon, the numbers may still be far apart. In one room, plaintiff’s counsel is explaining why the demand reflects the evidence and the risk of a substantial trial outcome. In the other, defense counsel is insisting the case is overvalued and that the plaintiff is ignoring key legal and factual weaknesses. Neither side appears - [Safe Haven: Managing Threats and Violence in Mediation](https://mediationmagazine.adr.org/safe-haven-managing-threats-and-violence-in-mediation/) - Summary The goal of mediation is to facilitate a negotiated resolution of disputes through party self-determination. For that objective to be met, such that stakeholders agree to a deal of their own will, the process must be free of coercion. Certain disputes inherently involve coercion that may undermine the process, require different standards, or render - [MedAItion --From Experiment to Essential Coach: What is on the Horizon
](https://mediationmagazine.adr.org/medaition-from-experiment-to-essential-coach-what-is-on-the-horizon/) - Artificial intelligence is no longer a speculative topic in mediation; it is already reshaping how parties and mediators prepare for disputes, how mediators manage complexity, and how parties experience the process itself. In a recent discussion featuring Gary Doernhoefer, founder of ADR Notable , the conversation moved quickly past whether AI belongs in mediation and - [Case Law Review --Three New Mediation-Focused Cases
](https://mediationmagazine.adr.org/mediation-cases/) - Oral Agreement to Settlement Terms in Mediation Enforced A former employee, represented by counsel, participated by Zoom in a mediation before a federal magistrate judge. The parties reached a settlement agreement and the magistrate judge recited the essential terms of the agreement, which was recorded, including: payment by the employer to the employee within approximately - [International](https://mediationmagazine.adr.org/international/) - This column, International Mediation, forms part of a collaboration between the AAA and the Kluwer Mediation Blog (KMB). For over 15 years, the KMB has provided one of the most vibrant platforms for global dialogue on mediation, with contributions from practitioners, judges, policymakers, academics, and mediation enthusiasts across every continent. - [medAItion](https://mediationmagazine.adr.org/column-medaition/) - Are you comfortable incorporating Artificial Intelligence (AI) into your mediation practice? Or does the mere mention of AI make your palms sweat? Perhaps you have spent time training ChatGPT, so it is useful for your practice, or you are using CoCounsel to help sharpen your evaluative mediation practice? Or you may be “all in” — - [Mediation Aspects of SB940 in California: Initial Mediator Certification Recommendations](https://mediationmagazine.adr.org/mediation-aspects-of-sb940-in-california/) - This is the first article in an ongoing series providing updates on SB 940 and the ADR Working Group tasked with developing framework recommendations for the California State Bar. Under Business and Professions Code 6173, the Bar will oversee a new voluntary mediator certification program in the state. Welcome to Mediation Aspects of SB940 in - [Mediation Aspects of SB940 in California: Program Administration and Revisiting Complaint Procedures](https://mediationmagazine.adr.org/mediation-aspects-of-sb940-in-california-program-administration-and-revisiting-complaint-procedures/) - Welcome back to Mediation Aspects of SB940 in California, a series providing updates on Business and Professions Code 6173 (originally SB 940), which created a voluntary Certification Program for mediators and other alternative dispute resolution (ADR) professionals in California. The new program “aims to promote adherence to ethical standards for ADR services and establish consumer - [medAItion: Susan Guthrie’s Top 3 AI Tools Revolutionizing Mediation](https://mediationmagazine.adr.org/medaition-susan-guthries-top-3-ai-tools-revolutionizing-mediation/) - In today’s digital world of dispute resolution, artificial intelligence (AI) is no longer a futuristic concept, it is a daily companion. Few understand this better than Susan Guthrie, a nationally recognized mediator, legal tech innovator, and podcast host who has been at the forefront of integrating AI into mediation practice. With over three decades of - [International -- Beyond the Breaking Point: Mediation in an Age of Global Fracture](https://mediationmagazine.adr.org/international-beyond-the-breaking-point-mediation-in-an-age-of-global-fracture/) - A Global Landscape Under Pressure Across the world, the geography of conflict is widening. From the corridors of power to the factory floor, from multilateral institutions to local communities, disagreements are surfacing more frequently, more intensely, and with more interdependence than at any point in modern history. The world’s systems—economic, political, technological, and environmental—are all - [International -- Reimagining Mediation Architecture: From Clause to System](https://mediationmagazine.adr.org/international-reimagining-mediation-architecture-from-clause-to-system/) - Beyond the Mediation Clause Over the last two decades, “mediation” has become a routine feature of international contracts. Most major agreements now include a multi-tier dispute resolution clause, with mediation sitting neatly between negotiation and arbitration or litigation. On the page, this looks like progress. In practice, however, many of these clauses are boilerplate in - [MedAItion: 4 Ethical Challenges + 4 Strategies from Tina Patterson](https://mediationmagazine.adr.org/medaition-4-ethical-challenges-4-strategies-from-tina-patterson/) - The use of artificial intelligence (AI) in mediation gives rise to innumerable ethical questions. What do we mean by AI? Should a mediator use AI, depending on the meaning? How should a mediator use AI? How transparent should a mediator be with the parties when using AI? How does a mediator identify, test, or correct - [Governing Artificial Intelligence -- Groundbreaking New Book on Ethical AI
](https://mediationmagazine.adr.org/governing-artificial-intelligence-groundbreaking-new-book-on-ethical-ai/) - Artificial intelligence (AI) now shapes many aspects of dispute resolution, from the systems that schedule mediations to the tools that help parties upload documents, communicate asynchronously, or navigate negotiation platforms. Mediators also use AI regularly. As these technologies become embedded in the daily work of mediators, they raise pressing questions about fairness, transparency, autonomy, and - [Case Review: Schlecht v. Goldman](https://mediationmagazine.adr.org/case-review-schlecht-v-goldman/) - Mediation Term Sheet Enforced A lawyer, Schlecht, proceeding pro se, settled his litigation against Northwestern Mutual Life Insurance in mediation. The parties executed a “Settlement Term Sheet Memorandum” which provided that the case would be terminated “in accordance with standard contractual language” to be drafted by Northwestern’s counsel. An experienced mediator represented to the court - [Mediation Aspects of SB940 in California: The Tiers Structure for Mediator Certification](https://mediationmagazine.adr.org/mediation-aspects-of-sb940-in-california-the-tiers-structure-for-mediator-certification/) - Welcome back to Mediation Aspects of SB940 in California, a series providing updates on Business and Professions Code 6173, which created a voluntary certification program for mediators and other alternative dispute resolution (ADR) professionals in California. The new program “aims to promote adherence to ethical standards for ADR services and establish consumer protection mechanisms.” This - [International --Energy Transition and Climate Disputes: Mediation at the Front Line
](https://mediationmagazine.adr.org/international-energy-transition-and-climate-disputes-mediation-at-the-front-line/) - The Energy Transition as Stress Test Our existing dispute resolution frameworks are facing unprecedented pressure from global systemic challenges - geopolitical tensions, economic volatility, and societal division. The energy transition stands as a clear example of these pressures, representing not merely a shift in technologies or fuel sources, but also a redistribution of power and - [MedAItion --Fresh Ideas on AI
](https://mediationmagazine.adr.org/fresh-ideas-on-ai/) - Seasoned mediators might imagine the next generation of advocates and dispute resolution practitioners – the vast majority who have grown up with the internet and devices at their fingertips – might unabashedly advocate for embedding AI into their dispute resolution practice. We sat down with two third-year law students at the Ohio State University Moritz - [International --From Disruption to Deadlock: Why Mediation Must Lead in Times of Conflict
](https://mediationmagazine.adr.org/international-from-disruption-to-deadlock-why-mediation-must-lead-in-times-of-conflict/) - Armed conflict does not remain confined to the immediate arena in which it arises. Its effects travel quickly into commerce, infrastructure, logistics, finance, and daily economic life. It enters contracts, disrupts supply chains, alters project schedules, increases transport risk, unsettles pricing assumptions, and places pressure on payment flows, insurance arrangements, and long-term commercial relationships. In - [Using Real Practice Systems Theory to Understand Mediation Clearly](https://mediationmagazine.adr.org/using-real-practice-systems-theory-to-understand-mediation-clearly/) - Introduction Two recent articles in Mediation Magazine offer a valuable opportunity to reconsider how we talk about mediation and what we actually do when we mediate. Joan Stearns Johnsen’s Evaluative v. Facilitative Mediation Style: RIP to an Outdated Paradigm argues that it is time to stop pretending that the field is still divided by the - [Managing the Mediation Process](https://mediationmagazine.adr.org/managing-the-mediation-process/) - Parties seeking to settle a lawsuit often choose to engage a mediator because of the value added. Mediators coach in negotiation strategy, educate by reality testing, and importantly manage the process. Mediation is endlessly flexible, and process is an important tool with many options. Mediators regularly consider whether and when to hold a joint session. - [Practical Perspectives on Commercial Mediation](https://mediationmagazine.adr.org/practical-perspectives-on-commercial-mediation/) - Introduction Commercial mediation concerns business-to-business disputes involving one or more contractual relationships where there is generally no insurance for the alleged loss or liability– meaning that the checkbook at the table belongs to the disputants, and discussion about the merits of the dispute at hand will only get you so far. The parties’ respective business - [Is Conflict Affecting your RAM and REM? How Stress Disrupts Executive Function and Sleep in Disputants](https://mediationmagazine.adr.org/is-conflict-affecting-your-ram-and-rem-how-stress-disrupts-executive-function-and-sleep-in-disputants/) - I. Introduction: When Conflict Causes a Brain Freeze The parties had been negotiating for three hours when one of them suddenly froze. “I know the answer is in my head somewhere,” she said, frustrated. “I just can’t seem to think today.” Mediators see this moment often. A normally thoughtful person becomes reactive, forgetful, or stuck. - [Avoiding Misleading Mediator Communications](https://mediationmagazine.adr.org/avoiding-misleading-mediator-communications/) - The American Bar Association’s Standing Committee on Ethics and Professional Responsibility recently reinforced longstanding principles of mediator neutrality and transparency with an ethics opinion focused on two themes: (i) a lawyer-mediator should never tell a party – particularly an unrepresented litigant – that the neutral represents that party, and (ii) that neutral should never make - [The Mediator's Role in Cross-Border Commercial Disputes: Navigating Three Dimensions of Culture](https://mediationmagazine.adr.org/the-mediators-role-in-cross-border-commercial-disputes-navigating-three-dimensions-of-culture/) - In today’s global economy, commercial agreements often involve parties from different ethnic, corporate, and legal cultures. Mediation attributes such as confidentiality, closure, self-determination, and tailored solutions can be particularly compelling for disputants seeking to resolve international disputes. Mediation also offers parties from different backgrounds the unique ability to account for cultural values and to salvage - [Online Mediation Past, Present, and Future](https://mediationmagazine.adr.org/online-mediation-past-present-and-future/) - Let us first go back and recall those pre-COVID days when mediation meant traveling to a jointly agreed-upon location to gather in rooms in search of a resolution. Recall the travel, the parking, the elevator, the reception area, and the windowed or windowless rooms. At that time, online mediation, if it was considered at all, - [How to Avoid Common Ethical Mistakes as a Neutral Mediator or Advocate in Mediation](https://mediationmagazine.adr.org/how-to-avoid-common-ethical-mistakes-as-a-neutral-mediator-or-advocate-in-mediation/) - Summary Lawyers engaging in mediation have ethical obligations, whether they are advocates representing clients or third-party neutrals facilitating settlement. These obligations derive from statutes, regulations, and other sources such as American Bar Association (ABA) Model Rules and Formal Opinions and Model Standards of Conduct for Mediators, adopted by the American Arbitration Association, ABA Section of - [Taking ABA Ethics Opinion 518 for a Test Drive](https://mediationmagazine.adr.org/taking-aba-ethics-opinion-518-for-a-test-drive/) - On October 15, 2025, the ABA issued Formal Opinion 518, an ethics opinion entitled “A Lawyer’s Duties to Avoid Misleading Communications When Acting as a Third-Party Neutral Mediator.” Opinion 518 examines three points of ethical guidance for lawyer-mediators: The duty of lawyer-mediators under ABA Model Rule of Professional Conduct 2.4 to explain their role to - [The Benefits of Mediation in Religious Divorce](https://mediationmagazine.adr.org/the-benefits-of-mediation-in-religious-divorce/) - Individuals of all faiths, cultures, and backgrounds have life cycle rituals and betrothal traditions. Upon divorce, there are rules in place that are based on thousands of years of tradition and religious practice. In many communities, including but not limited to Jehovah’s Witnesses, Orthodox Jews, Muslims, Christians, or Baha’is, the end of a marriage can - [Managing Client Expectations in Mediation](https://mediationmagazine.adr.org/managing-client-expectations-in-mediation/) - I recently mediated a contract dispute between two executives of a family-owned business. During pre-mediation ex parte calls, it became clear that the parties’ expectations were wildly misaligned. Each believed the other was acting in bad faith, and their lawyers were preparing them for a prolonged fight. In closely held or family-owned businesses, disputes like - [The Endowment Effect's Adverse Impact on Case Valuation and Settlement and What to Do About It](https://mediationmagazine.adr.org/the-endowment-effects-adverse-impact-on-case-valuation-and-settlement-and-what-to-do-about-it/) - One of several powerful cognitive bias phenomena identified by behavioral economics is the Endowment Effect, a cognitive bias that causes individuals to overvalue what they already possess simply because they own it. In litigation, the “possession” is often a legal claim or entitlement, or the value and likelihood of success of their defenses. The Endowment - [MED+ARB: A Different Concept for Combining Mediation and Arbitration](https://mediationmagazine.adr.org/medarb-a-different-concept-for-combining-mediation-and-arbitration/) - Imagine the following scenario: The parties approach mediation of their dispute, but if they fail to settle, they will need and want a swift, final resolution to avoid the cost and headaches of protracted litigation. So, they ask their Mediator to also be their Arbitrator, to rule on the dispute if mediation fails. The Mediator - [Infrastructure for Resilience: Disaster Relief Mediation](https://mediationmagazine.adr.org/infrastructure-for-resilience-disaster-relief-mediation/) - It seems that you cannot listen to the news these days without hearing about a devastating flood, fire, hurricane, or other natural disaster. In the aftermath of disasters, the path to recovery is often fraught with legal, financial, and emotional obstacles. Among the most pressing challenges for affected individuals and communities are disputes related to - ["Winning" the Mediation vs. Resolving the Dispute: How Mediators Can Prepare Counsel (and Clients) for Real Resolution](https://mediationmagazine.adr.org/winning-the-mediation-vs-resolving-the-dispute-how-mediators-can-prepare-counsel-and-clients-for-real-resolution/) - There is a certain kind of opening I still see at too many mediations. Counsel strides into the room with the unmistakable glint of Trial Day in their eyes, a binder thick enough to serve as a doorstop, and a speech ready to prove — beyond any doubt — why the other side should surrender. - [Mediation as a Tool in Entertainment Disputes: A Guide for Sophisticated Mediators](https://mediationmagazine.adr.org/mediation-as-a-tool-in-entertainment-disputes-a-guide-for-sophisticated-mediators/) - Introduction Some years ago, I served as sole arbitrator in a highly contentious bet the company entertainment case involving the production and distribution of animated television programming. On the first day of hearings after listening to opening statements from each side, I went off the record and remarked that after hearing the Parties’ respective positions - [Alternative Dispute Resolution and International Conflict in Space: A New Frontier for Peace](https://mediationmagazine.adr.org/adr-international-conflict-in-space-a-new-frontier-for-peace/) - Introduction: The Conflict Horizon As humanity propels itself into the cosmos with unprecedented speed, our ambitions are no longer bound by Earth's geography. Nations, corporations, and even private citizens are carving out footholds beyond our atmosphere—on the Moon, in orbit, and eventually, on Mars and beyond. Yet, as history has shown us repeatedly, where there - [Evaluative v. Facilitative Mediation Style: RIP to an Outdated Paradigm](https://mediationmagazine.adr.org/evaluative-v-facilitative-mediation-style-rip-to-an-outdated-paradigm/) - Introduction The evaluative or facilitative debate has been going on for decades. These conversations frequently reference mediator standards and ethics and often assume a tension between practitioner conduct rules and user expectations. Some speakers even go so far as to suggest court-annexed programs prohibit evaluation requiring mediators to be facilitative. In contrast most legal practitioners - [Single-Neutral Dual-Role Processes – Workable or Worrisome Redux](https://mediationmagazine.adr.org/single-neutral-dual-role-processes-workable-or-worrisome-redux/) - A. Introduction The authors of a 2019 piece concerning mixed mode dispute resolution posed the following scenario: You are the sole arbitrator in a vigorously contested proceeding. You have heard four days of testimony during an evidentiary hearing anticipated to last 10 days. At the outset of the fifth day, the parties’ attorneys advise you - [The EDR Protocols: Mediation Transformed](https://mediationmagazine.adr.org/the-edr-protocols/) - The Early Dispute Resolution Institute (“Institute”) developed protocols (the “Protocols”) for early dispute resolution (“EDR”) in 2019 and has since updated them based on lessons learned from practice. - [Building Resolution: How Mediation Can Effectively Resolve Construction Disputes](https://mediationmagazine.adr.org/building-resolution-how-mediation-can-effectively-resolve-construction-disputes/) - In the complex and high-stakes world of construction, disputes are not just common—they’re expected. However, the traditional path of litigation is often costly, time-consuming, and damaging to business relationships. Mediation, when approached strategically, offers a powerful alternative. By combining practical strategies and employing nuanced mechanics of mediation, construction professionals and attorneys can resolve disputes more - [Mediation and the Dispute Review Board](https://mediationmagazine.adr.org/mediation-and-the-dispute-review-board/) - Article Summary: Mediation and Dispute Review Boards are regularly used in construction to avoid and resolve disputes and prevent the need to resort to arbitration or litigation. This article explores these two processes, how they can be used effectively together, and the hidden impediments to this combined use. ------------------------------------------------------------------------------------------------------------------------- Mediation and the Dispute Review Board - [Multi-Party Mediation: The More Parties the Merrier?](https://mediationmagazine.adr.org/handling-a-multiparty-mediation/) - Anyone who has participated in a multi-party mediation recognizes that there are conflicting dynamics inherent to that process. And when there are multiple and distinct claims involved as well, the endeavor starts to resemble four-dimensional chess. To quote Sherlock Holmes: "The game is on." But what exactly is the game? Of course, it is critical - [Providing Self-Represented Parties with an Outline for Pre-Mediation Statements](https://mediationmagazine.adr.org/providing-self-represented-parties-with-an-outline-for-pre-mediation-statements/) - In anticipation of the surge in consumer mediations involving self-represented parties (“SRPs”) there are procedures that can be put in place to make the handling of consumer mediations easier, including providing SRPs with a form to follow for pre-mediation statements. Upon receipt of a new mediation assignment, the mediator should consider setting up a pre-mediation ## Pages - [Home](https://mediationmagazine.adr.org/) - Articles View All Rethinking Mediation From Within: How Practitioner Expertise Is Reshaping the Design of Mediation Systems Maya Markovich, Tracey B. Frisch August 24, 2026 Read more No Bar to Entry: The Case for the Non-Attorney Mediator Luke Taylor September 7, 2026 Just Resolutions — Preparing for Mediation of Sexual Abuse Claims: A Practical Framework - [Home - With Author Carousel](https://mediationmagazine.adr.org/home-with-author-carousel/) - Articles View All Rethinking Mediation From Within: How Practitioner Expertise Is Reshaping the Design of Mediation Systems Maya Markovich, Tracey B. 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