Arbitration & Mediation

Advances in neuroscience and psychology regarding decision making and judgment will gain increasing importance for practitioners of ADR, yielding practical applications and techniques for producing better decisions.

As calls increase for professionalization and standardization of mediation practice, one state will establish formal licensing for mediators in private practice.

I anticipate in coming years that mediation will have to confront some of its demons ? the fierce divide between facilitative and evaluative practitioners and between lawyers who mediate and mediators who don?t practice law. There?s a cultural divide that we ignore at our peril.

Just please don?t ask me to pick the winner of the next Super Bowl..." [read more]