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Apr 17, 2020

Mediation during the COVID-19 outbreak

In the first few weeks of the outbreak, we were able to convert the vast majority of the mediations that were scheduled to either telephone or video mediations, both in Wisconsin and across the United States

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.

Oct 25, 2019

Employment disputes are often emotionally charged

Employment disputes present special difficulties because of the strong emotions involved on both sides.

Sep 27, 2017

ON MEDIATION: Mediation statements: Don’t just do them, give them to the right person

Preparing a mediation statement gives you an opportunity to take a serious look at your case and at your opponent’s case.

Jun 21, 2017

New rules coming to family law

On paper, the new rule appears simple: Starting July 1, lawyer-mediators will be able to draw up settlement documents in family law cases. In practice, though, it's far from easy.

Jun 12, 2017

ON MEDIATION: Using the full strength of your case in mediation

Mediation is often portrayed as a rational and logical choice that saves money and time. Well, it is that. But let’s face it, it’s also usually required by the court and something that you might not do if it weren’t. That means there’s a risk that it becomes perfunctory.

Nov 21, 2016

High court seeking comments on proposal to let lawyer-mediators draft docs

The Wisconsin Supreme Court is asking practitioners and others for their thoughts on a proposed rule change that would allow lawyers who mediate family-law disputes to also draft documents resulting from those negotiations.

Oct 24, 2016


The term BATNA was first coined by Roger Fisher and William Ury in a groundbreaking book titled "Getting to Yes." BATNA is an acronym that stands for Best Alternative to a Negotiated Agreement.

Sep 26, 2016

ON MEDIATION: To offer first or not?

You’ve prepared for mediation as best you can. You know your strongest arguments and what your opponent will probably counter with.

Dec 20, 2015

Mediation helps firms find middle ground

Many people confuse mediation with more formal — and binding — arbitration and litigation procedures. Adding to the confusion, mediation is often combined with those two procedures, although doing so isn’t necessary.

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.


Should Justice Protasiewicz recuse herself on gerrymandering cases that go before the Wisconsin Supreme Court?

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