Effective Mediation Advocacy Is Not Trial Advocacy in a Different Room Lawyers spend years mastering litigation. They learn to investigate cases, examine witnesses, argue motions,
For years, mediation theory has framed facilitative and evaluative mediation approaches as distinct, and often opposing, models. Mediation training programs, textbooks, and mediator biographies frequently
In an era where the vast majority of disputes settle before reaching trial, the mediation brief remains one of the most under-leveraged tools in a
When I first wrote about “A Dent in the Universe” in July 2019, mediation stood on the edge of a historic moment: the signing of
Communication mistakes in mediation advocacy can undermine even the most carefully planned negotiations. When lawyers bring poor communication habits into the room — from overused
Why Does Ego Management in Mediation Matter? Ego management in mediation involves intentionally recognizing, regulating, and redirecting ego-driven behaviors during dispute resolution. One of the
The laudable, if not elusive, goal of mediator certification is a topic of debate almost as old as the profession itself. The best practices, ethical
Rwanda, the verdant country of a thousand hills, stands as a stark reminder of what happens when we allow hatred to triumph over humanity. While
By Bruce A. Edwards Why do litigators need to become better mediation lawyers? Even though the number of civil cases that are resolved through mediation
Having taught mediation skills for over twenty-five years and, more recently, having developed an online mediation training curriculum, it’s only natural that I stand as
Artificial intelligence for helping mediate disputes has begun to gain traction. Although it might not yet be commonplace, it is on its way to playing
Mediation and arbitration share a common lineage as alternatives to the traditional legal system of court and jury trials. Known as different forms of alternative
