Alternative Dispute Resolution

Nov 26, 2019

Alternative Dispute Resolution Directory

Nov 26, 2019

BE CANDID! Being forthcoming in mediation submissions eases way to resolution

It’s common knowledge that almost all civil cases are resolved before trial. Sometimes, lawyers and parties are able to reach a resolution by direct negotiation. Often, it is necessary to use a mediator. Thus, the importance of an excellent mediation submission is crucial.

Nov 26, 2019

VIEW FROM THE HALLWAY: Judge-turned-mediator offers advice on what works

Judges are often asked for their views on what works and what doesn’t in the courtroom. This also extends to their thoughts on what persuades them and what persuades juries, and what doesn’t.

Dec 21, 2016

Proposal in front of Supreme Court would give lawyer-mediators in family cases the ability to craft documents

The Wisconsin Supreme Court is asking practitioners and others to weigh in on a proposed rule change that would allow lawyers who mediate family law disputes to also draft legal documents that result from those negotiations.

Dec 21, 2016

Efficient and economical form of ADR? It depends …

Although arbitration is generally regarded as an efficient and economical system of alternative dispute resolution, the standard of judicial review for arbitration awards varies from state to state.

Nov 23, 2015

Tips for negotiating ethical quagmires in mediation

Court-referred mediation is happening every day throughout the country, in sessions conducted by lawyers, as well as non-lawyers who have been certified as mediators.

Nov 23, 2015

ADR finds a home in family law

For some law students who plan to build a family law practice after passing the bar exam, learning to become a skilled litigator who zealously advocates for clients in custody battles and contested divorces is just the beginning.

Nov 23, 2015

Quality dispute resolution starts with listening

Despite critics who say that mediation is relied on too much these days, Michael Rust thinks there are even greater opportunities for this type of alternative dispute resolution.

Nov 23, 2015

Negotiating the shoals of mediation

I recently took a class in negotiation. It was taught by a well-regarded social scientist. The instructor taught us to increase negotiated advantages and avoid pitfalls.

Nov 23, 2015

An alternative settlement model in domestic abuse cases

With the enactment of some new custody and parenting-time statutes across the U.S., judges and custody evaluators are compelled to examine acts of domestic abuse in a new light.

Dec 24, 2014

Abraham Lincoln: An early champion of ADR

Our nation continues to be fascinated by Abraham Lincoln’s “Gettysburg Address,” delivered 150 years ago. Lincoln’s most famous speech became known as the “words that remade America.”

Dec 23, 2014

To mediate, arbitrate or litigate; that is the question

I have always been an advocate of mediation and arbitration versus litigation, especially in the construction practice of law.

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