Articles and Publications

Below please find articles written by MWI's mediators, arbitrators, trainers and staff that provide insights into their work in the following industries and practice areas:

Arbitration

• ”Avoiding Vacatur: Bulletproofing Your Arbitration Award” by Alan Kanter
  
  
• “Arbitration and Judicial Discretion: Circuits are Split” by Jacob Esher
  
  
• ”Minimizing Discovery Abuses in Arbitration” Alan Kanter
  
  
• ”Trends in Litigation Arbitration: Using Motions to Compel Arbitration and Motions to Vacate Arbitration Awards” by Donald Philbin
  

Bankruptcy

• ”The European Union New Mediation Directive” by Francis Conrad
  
  
• ”Alternative Dispute Resolution in U.S. Bankruptcy Practice” by Jacob Esher
  
  
• ”Compendium of Bankruptcy Court Local Rules on ADR” by Jacob Esher
  
  
• “Mediation of Claims in Bankruptcy” by Howard Gorney
  
  

Commercial

• ”Using ADR Processes to Resolve Intra-Firm Conflicts” by Robin Amadei
  
  

Dispute Resolution System Design

• “What is Conflict Costing Your Company? The Value of a Comprehensive Employment Dispute Resolution System” by Charles Doran and Tad Mayer
  
  

General Mediation

• "Making it as a Mediator: Tips from Those in the Know" by Chuck Doran
  
  
• ”The Driving Force of Desires: Reaching Resolution in Mediation” by Amy Lieberman
  
  
• ”How to Best Represent Your Client at Mediation: A Tip Sheet” by Nancy Kramer
  
  
• ”Making Mediation Sessions Accessible to People With Disabilities” by Judith Cohen
  
  
• ”Does Mediation Work? You Be the Judge” A User’s Guide to Mediation” by Chuck Doran
  
  
• “Making Mediation Work for You and Your Client . . .Ethically!” by Kenneth Starr
  
  
• ”The One Minute Manager Prepares For Mediation: A Multidisciplinary Approach to Negotiation Preparation” by Donald Philbin
  
  
• ”Primed for Resolution? What Mediators Can Learn From the New Research on Priming and the Unconscious Activation of Mental Processes” by Jane Juliano
  
  
• ”Why Mediate?” by Robert Wright
  
  

Mediation Training

• "Make Me a Mediator: Professional Development Pathway in Mediation" by Chuck Doran
  
  

Municipal Government

• ”Can Municipalities Afford Not to Mediate?” by Daniel Funk
  
  

Negotiation

• ”Back-Channel Negotiation: International Bargaining in the Shadows” by Anthony Wanis-St. John
  
  
• ”Civil Society and Peace Negotiation: confronting exclusion” by Anthony Wanis-St. John
  
  
• ”Decisional Errors: Why We Make Them and How to Address Them” by Donald Philbin, Jr.
  

Ombuds

• ”Mediator as Ombudsman” by Chuck Doran