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Articles

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Building business in mediation
April 16, 2012
The Recorder
Cross-border mediation
April 16, 2012
The Recorder
A guide to construction liens in Ontario: Part Two
April 5, 2012
Daily Commercial News
A guide to construction liens in Ontario: Part One
April 4, 2012
Daily Commercial News
International Law: ADR hits Europe
March 26, 2012
The Recorder
Probate battles: Where there's a will, there's a relative
March 14, 2012
Daily Journal
Is Staying at Work an Agreement to Arbitrate?
March 2012
California Labor & Employment Law Review
Mediation is a team sport: Maximizing the odds of settlement
March 1, 2012
Daily Journal
ADR: Making the Most with What You Have
February 2012
King County Bar Bulletin
Divorce With Less Damage
February 2012
Chicago Magazine
Coming to a Financial Services Disputes Near You: Legislation, Regulation, and Economics Will Drive the Trend to Mediation in 2012
January 18, 2012
Bloomberg Law Reports
Joint Support For Joint Sessions
December 21, 2011
Law 360
Gauging The Growth In Global ADR
December 19, 2011
Law 360
Arbitration: Still an Effective Method of Resolving Business Disputes?
December 2011
Dallas Bar Headnotes
Preparing for Mediation of Professional Liability Cases
November 21, 2011
Texas Lawyer
A Primer on Prime Contractor-Subcontractor Disputes Under Federal Contracts
Winter 2011
The Procurement Lawyer
Restrictions on Obtaining Testimony and Documents from Non-Parties Under the Federal Arbitration Act
Fall 2011
New York Dispute Resolution Lawyer
The Mediation Paradox: Collaborative Combat
November 2011
White Paper
Litigation Management
October 10, 2011
Bloomberg Law Reports - Corporate Counsel
Mediating Intellectual Property Disputes
October 10, 2011
The Recorder
The Appointment of Discovery Referees in Complex Litigation
October 2011
Los Angeles Lawyer
Know When to Hold 'Em
September 30, 2011
Law360
Mediation Evolved
September 23, 2011
San Francisco Daily Journal
Crafting Arbitration Clauses
August 2011
The Corporate Counselor
Reimagining Arbitration
Summer 2011
ABA Litigation Journal
Has the Workplace Become a War Zone?
July 2011
Bloomberg Law Reports
Tax Issues in Mediating Entertainment Cases
July 2011
Westlaw Journal
Effective Use of Mediation and Arbitration in Health Care Disputes
July 2011
Bloomberg Law Reports
The Search for Cost Effective and Efficient International Commercial Arbitration: There is a Solution
July 2011
International Comparative Legal Guide to International Arbitration 2011
Big News in Arbitration: Sonic-Calabasas v. Moreno and AT&T Mobility v. Concepcion
July 2011
California Labor and Employment Law Review
Mediating Disputes Arising Out of Troubled Companies - Do It Sooner Rather Than Later
June 2011
Bloomberg Law Reports
In Defense of Arbitration
June 20, 2011
The Recorder
Staying Ahead of the Curve
June 16, 2011
Daily Report
Essentials For Success In Arbitration
June 9, 2011
Law360
Tax Issues in Employment Mediations
June 2011
Employment Law Strategist
It's Time to Focus on Diversity in ADR
May 30, 2011
The Recorder
It’s More Than Just a Report . . . Why Qualified Legal Experts Are Needed to Navigate the Changing Media Landscape
May 26, 2011
Toxics Law Reporter
Insurance Can Impact Your Mediation
May 23, 2011
The Recorder
JAMS International Jigsaw Puzzle
April 2, 2011
In-House Perspective
Judge Settlements Versus Mediated Settlements
Spring 2011
Dispute Resolution Magazine
Mediation Confidentiality and Legal Malpractice: Cassel v. Superior Court
April 2011
Business Law News
Rapid Resolution ADR
Spring 2011
The Construction Lawyer
The Psychology of Mediation
April 1, 2011
The Recorder
When Family Law and Bankruptcy Collide
March 16, 2011
The Recorder
A Work in Progress: Evolving Responsibilities in the Retail Broker‐Dealer/Customer Relationship
March 7, 2011
Bloomberg Law Reports
Controlling Time and Cost in Arbitration
January 26, 2011
Daily Report
Past Due
January 2011
White Paper
Copyright Dispute Resolution
January 2011
JAMS Virtual Roundtable
Want Your Mediation To Fail? Read On...
December 23, 2010
Daily Journal Verdicts and Settlements
What Providers Can Do to Promote Efficiency
November 22, 2010
National Law Journal
Appellate Mediation
November 2010
JAMS Virtual Roundtable
JAMS’ Expedited Rules: Returning Arbitration to Its Roots
November 2010
Alternatives
Managed Mediation
October 11, 2010
The Recorder
Assisted Solutions by Neutrals to Common Construction Project Challenges
Fall 2010
JAMS Global Construction Newsletter
Mediation of Health Care Disputes: An Opportunity to Heal or Or a Prescription for Disaster?
October 2010
Health Care Law
Six Steps to Fair and Efficient Arbitration
September 21, 2010
The Recorder
A Comment on Communication and Complex Case Mediation
September 17, 2010
Daily Journal
Special Sensitivities Dominate Elder Abuse Mediation
September 10, 2010
Daily Journal
Resolving Disputes on Public Contracts
September 2010
Contract Management
Ordered to arbitration? Take advantage!
September 2010
Consumer Attorneys Associations for Southern California Advocate Magazine
Arbitrating Probate Matters, Not as Unconventional as it Sounds
August 17, 2010
Daily Journal
Preserving Value Through Mediation
August 16, 2010
Law360
Mediation Offers Advantages to Litigants Looking for Insights
August 2010
The Legal Intelligencer
The ‘Initial Decision Maker:’ The New Independent Dispute Resolver in American Private Building Contracts
July 2010
International Construction Law Review
Is One Deposition Enough? Limitations on Discovery in Arbitration Clauses
May 2010
California Labor and Employment Law Review
ADR Offers Quick and Creative Resolutions for Cutting-Edge Entertainment & Technology Disputes
May 7, 2010
Daily Journal
Landlords and Tenants Mediate Conflicts
May 2010
Commerical Leasing Law & Strategy
Discovering New Ways To Make Arbitration More Attractive
April 12, 2010
The Recorder
Family Law and the Great Recession
April 2010
Contra Costa Lawyer
A New Approach to Construction Disputes
March 12, 2010
Daily Journal
Health Care Reform: Will it Impact ADR?
Spring 2010
Dispute Resolution Magazine
It’s Time to Fix Arbitration Discovery
January 2010
Los Angeles Lawyer
Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth
November 2009
American Bar Association
Resolving Family Matters in an Economic Crisis
November 2009
The Matrimonial Strategist, Law Journal Newsletters
Mediation Saves Family Business Enterprises
October 19, 2009
Wealth Management Business
Mediation: An Effective Way to Connect with Clients
Spring 2009
The Brief
Mediation of Class Actions Since the "Financial Meltdown"
Fall 2009
American Association of Justice Newsletter
The Role of Mediation in the Post-Tafas v. Doll
August 11, 2009
Andrews Litigation Reporter
e-Discovery
August 2009
JAMS Virtual Roundtable
Arbitrators Less Prone to Grant Dispositive Motions Than Courts
June 26, 2009
New York Law Journal
Regulatory Oversight In Health Care
March 10, 2009
Law 360
Economic Downturn and Standard Contracts: Time for Another Look?
March - April 2009
Commercial Lending Review
Peer Review Hearings & Medical Quality Assurance
March 2009
Headnotes
An Obligation to Arbitrate?
February 11, 2009
Daily Journal
Managing Discovery in Patent Cases: Best Practices
February 9, 2009
Law 360
ADR = Arbitration Done Right?
February 2009
Health Lawyers Member Forum
Bilski & the Economy; Intellectual Property's Changing Landscape
February 2009
JAMS Virtual Roundtable
The Recession and Its Affect on Real Estate
February 2009
Contra Costa Lawyer
Creative, Pre-Markman ADR Approach Offers Reliable Outcomes in Post-Bilski Patent World
January 2009
Intellectual Property Today
Bracing For The Surge In Reimbursement Disputes
December 11, 2008
Law 360
As the Economy Stumbles, Employment Discrimination Claims Climb
December 2008
Law Journal Newsletters
Legislators target abuses in a growing insurance field
November 24, 2008
The National Law Journal
Green Building: New Benefits for Society and New Challenges for Risk Management
November 17, 2008
Insurance Journal
The Subprime Fallout
November 14, 2008
How did we get into this subprime crisis? Is it a product of bad brokers or sloppy lenders? Is it a result of lying applicants or greedy sellers? And are we toward the end of the dramatic increase in foreclosed properties or just beginning to see the tip of the iceberg?
JAMS Virtual Roundtable
Mediation spells trade dress success
November 2008
Managing Intellectual Property
Upholding The Honor And Dignity Of A Promise, California Courts Speak: Stated Terms Of Contracts
October 2008
LexisNexis Real Estate Report
When Care Collapses
September 23, 2008
Los Angeles Daily Journal
For Emergency Payment Disputes, Mediation is Cure
September 15, 2008
Law 360
Ability to Earn Parties' Trust is Key to a Mediator's Success
July 25, 2008
Los Angeles Daily Journal
JAMS Neutrals Kenneth C. Gibbs, Esq. and John W. Hinchey, Esq. Named “Notable Practitioners” in Construction by Chambers USA 2008
June 2008
Chambers USA
Plotting Against Probate
May 2008
ABA Journal
ADR Roundtable
April 2, 2008
The Recorder
Securitization Litigation & The Debt Crisis: What's on the Horizon?
April 1, 2008
Securitization Litigation Panel
Construction ADR: What’s Working and How Can We Make it Better?
December 2007
San Francisco Construction SuperConference Panel Recap
Dispute Resolution Changes Coming
October 8, 2007
Engineering News-Record
Resolving Allegations of Health Care Fraud – Does the Mediator Matter?
August 2007
The Health Lawyer, ABA Health Law Section newsletter
Neutral Fact-Finding As A Tool To Resolve Employment Disputes
July 2007
Corporate Counsel
Project Neutrals Prevent Disputes
June 25, 2007
Engineering News-Record
Increased Use of International Arbitration Spurs US-Hong Kong Allliance
June 2007
Corporate Counsel
Mediation Magic
April 2007
Washington State Bar News
What is "Up" Will Sometimes Crash Down: The Side Effects of "Up-Markets"
Spring 2007
Thomson/West Real Estate Financial Journal
Judicial Opinion: Let's Prepare for Success Where Our Cases Actually Resolve
September 2006
California Litigation
Arbitration Maze Left Courts with Plenty to Decide in '05
January 2006
Daily Journal
Carefree Abandon of Rules Defeats Point of Arbitration
December 2005
Daily Journal
How To Enter International Mediation Without Losing Face
October 2005
Corporate Counsel
Protocol for Repairs: The Heart of Construction-Defect Resolutions
September 19, 2005
Daily Journal
Arbitrability and the Non-Signatory
June 20, 2005
New York Law Journal
ADR Avoids Court, Saves Money
June 2005
Corporate Counsel
What Did I Promise? The Path from Confidentiality to Conspiracy
April 2005
Just Resolutions, ABA Dispute Resolution Section newsletter
Decisions Change Arbitrator Disclosures, Disqualifications
November 2004
Daily Journal
Not So Quick, Not So Cheap
September 20, 2004
Legal Times
Seven Common Myths Of ADR
September 14, 2004
The Metropolitan Corporate Counsel, Inc.
Adapt Preliminary Hearing in Arbitration to Help All Parties
September 8, 2004
Daily Journal
Opening Their Eyes and Ears: Effective Mediation Presentations
September 2004
Business Litigation Committee Newsletter
Reversing The Presumption Regarding The Use Of ADR
August 12, 2004
The Metropolitan Corporate Counsel, Inc.
The Varying Standards of Review of Arbitration Awards
August 2, 2004
New York Law Journal
Visualize, Climb Ladder to Your Successful Mediation
July 19, 2004
Daily Journal Extra
Counsel Must Carefully Note Full Disclosure by Arbitrators
July 13, 2004
Daily Journal
Comparing the Original with the Revised Code of Ethics for Arbitrators in Commercial Disputes
July 8, 2004
The Metropolitan Corporate Counsel, Inc.
Five Strategies Assist in Avoiding Hobson's Choice
June 14, 2004
Daily Journal Extra
Timing of Mediation Is Just as Important as Picking of Neutral
June 11, 2004
Daily Journal
Classwide Arbitrations Face Conflicting Governing Rules
June 9, 2004
Daily Journal
Arbitrator-Neutrality Rule Reflects Change in Ethics
April 14, 2004
Daily Journal
We Hold These Truths
January 20, 2004
Los Angeles Daily Journal (ADR Roundtable)
Courts Make 2003 Interesting Year for Contractual Arbitration
January 14, 2004
Daily Journal Corporation
Build Success
December 22, 2003
Daily Journal Extra
A Recipe for Mediation
December 10, 2003
The Recorder
Courts Examined Pre-Emption And Unconscionability in 2003
December 10, 2003
Daily Journal
Remedial Nature of Maritime Law Protects Injured Seamen
October 17, 2003
Daily Journal
Counsel Must Prepare Parties to Accept Settlement
October 13, 2003
Los Angeles Daily Journal
Recognizing Underlying Perceptions Makes Settling Disability Cases Easier
September 25, 2003
Focus Column
Case Allocates Responsibility Between Court and Arbitrator
August 13, 2003
Daily Journal
One of the Law's Best Inventions: ADR
August 2003
The Metropolitan Corporate Counsel, Inc.
Courts Struggle With Class Arbitration Questions
July 31, 2003
Daily Journal
Court Respect for Autonomy of Parties Allow ADR to Flourish, Part II
July 9, 2003
Focus Column
Alternative Dispute Resolution: Giving People A Choice
Summer 2003
USF Lawyer
Fee Disputes Raise Thorny Questions About Charges
May 27, 2003
Daily Journal Extra
Taking Control
May 5, 2003
Daily Journal Extra
Party Relationships Make ADR Suited to Entertainment Cases
April 17, 2003
Los Angeles Daily Journal (Focus)
FAQ on Bankruptcy Mediation
April 2003
The American Bankruptcy Institute Journal (Vol. XXII. No. 3)
Mediating Bioethical Disputes
Spring 2003
Dispute Resolution Magazine
ADR Legal Landscape Continued Rapid Evolution in 2002
March 19, 2003
San Diego Daily Transcript
Lawyers Can Apply Trial Skills in Forum of Dispute Resolution
March 7, 2003
Los Angeles Daily Journal (Focus)
Disclosure Rules May Apply to Party-Appointed Arbitrators
February 12, 2003
Los Angeles Daily Journal (Focus)
Court Relies on Traditional Contract Formation Rules in Cyberspace Case
November 4, 2002
Los Angeles Daily Journal (Focus)
Recent Trends in Alternative Dispute Resolution
October 25, 2002
Delivered at What's New in U.S. Litigation, Manchester, UK
Federal Law Pre-empts Construction-Defect Statute
October 24, 2002
Los Angeles Daily Journal (Focus)
Parties Must Shape Arbitration Process in Big, Complex Cases
October 9, 2002
Los Angeles Daily Journal (Focus)
Listen Up--Don't Pass Up Chance to Persuade the Other Side to Settle
October 8, 2002
Published by the Daily Journal (Dicta)
Keep Emotions in Check: Risk-Oriented Mediation Controls Problem Clients
October 3, 2002
Los Angeles Daily Journal (Dicta)
Write it Down
September 16, 2002
Los Angeles Daily Journal Extra (In Closing)
Disclose or Decline
September 2002
California Lawyer (ADR Advisory)
Mediation, Arbitration, What’s the Difference?
September 2002
Business & Legal Reports, Inc.
Selecting an Experienced Neutral for the Complex, Highly Sensitive or Multi-Jurisdictional Case
September 1, 2002
Chicago Daily Law Bulletin
How to Stay Within Your Litigation Budget
August 2002
The Metropolitan Corporate Counsel
Key Piece: The selection of the neutral--may be the most important part of the ADR process
July 26, 2002
Los Angeles Daily Journal (Vol. 115, No. 144)
Rules of Engagement: Arbitration Success Depends on Specialized Skills
July 16, 2002
Los Angeles Daily Journal (Dicta)
Neutral Case Evaluation
July 2002
The Metropolitan Corporate Counsel (Consultants Corner)
Through The Looking Glass: Victims Compensation Fund Viewed in Contect of ADR and Other Mass Claims
Summer 2002
Balancing the tension between individual justice and collective settlement is the central challenge in all efforts to design and implement procedures to handle mass claims.
Dispute Resolution Magazine
The Art and Science of Winning Negotiations
June 3, 2002
Massachusetts Lawyers Weekly
When the Going Gets Tough: Problem Spots in Employment Mediation and How to Deal With Them
Spring/Summer 2002
The Employee Advocate
Chemical Distraction. . . Distinguishes Cases of Contract, Tort and Property
April 5, 2002
Los Angeles Daily Journal (Viewpoint) Verdicts & Settlements
Reaching Settlement: Strategies Borrowed from the Mediation Process
March 1, 2002
As a professional neutral specializing in the mediation of employment disputes, the author is intimately familiar with the techniques employed in the process of mediation.
Seminar of the National Employment Lawyers Association in Philadelphia, Pennsylvania
Advocacy Skills: Tips for Selecting a Good Mediator
January 2002
Mediate.com
Considering Alternatives to Litigation: When Third Parties Can Help, and When They Can't
January 2002
Corporate Legal Times
International Disputes: Nondomestic ADR has its Quirks
October 29, 2001
The National Law Journal
Alternative Dispute Resolution: Supreme Court Supports Arbitration in the Workplace
May 2001
Fair Employment Practices Guidelines
Ethical Guidelines: ADR Provider Organizations Should Increase Transparency, Disclosure
April 1, 2001

Special Feature: The CPR-Georgetown Ethical Principles for ADR Providers
The past five years have seen a remarkable number of efforts to define, regulate, re-regulate and refine ADR practices. Most of this activity has centered on the role of the individual neutral and his or her professional responsibilities to the parties, the processes and the public.

Dispute Resolution Magazine, Spring 2001