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    Aug. 23, 2021
    Dispute Resolution Section Blog

    COVID-19 has brought many changes to the way mediations are conducted. Brent Smith discusses what mediation might look like, post-pandemic.

    Jul. 27, 2021
    Dispute Resolution Section Blog

    Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

    Jul. 27, 2021
    Dispute Resolution Section Blog

    Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

    May 25, 2021
    Dispute Resolution Section Blog

    In complicated cases, neutral evaluations may be a better method of dispute resolution. Roy Wagner discusses when and how to use this close cousin of mediation.

    Apr. 26, 2021
    Dispute Resolution Section Blog

    Legal language creates barriers to understanding. Mary L. Ferwerda discusses how incorporating concepts of “plain language” into dispute resolution documents, such as agreements to mediate and the resolution agreements, can improve parties’ understanding and compliance with the stated terms.

    Mar. 29, 2021
    Dispute Resolution Section Blog

    The new trend of virtual mediation has been around for a while now. Michael D. Rust discusses lessons learned from 150 mediation referrals during the pandemic, and how the use of online dispute resolution is translating to the users of the services.

    Feb. 24, 2021
    Dispute Resolution Section Blog

    When a mediation is heading into overtime, do you continue or reschedule? Brent Nistler discusses the pros and cons of continuing mediation when it takes more time than expected..

    Dec. 16, 2020
    Dispute Resolution Section Blog

    Effective representation – whether a mediator or lawyer – requires understanding not just the parties’ points of view, but how your own biases may impact the process. Lisa Derr offers seven tips for mediators to improve their cultural awareness.

    Nov. 18, 2020
    Dispute Resolution Section Blog

    Important keys to a successful mediation: Maintaining neutrality and keeping in check the emotions of the participants – including the mediator. Judy O’Connell discusses ways to stay neutral and create calm in the mediation process.

    Oct. 16, 2020
    Dispute Resolution Section Blog

    Early neutral evaluation is an available and alternative option for resolving civil cases quickly and efficiently. Marta Meyers discusses the issue, saying that it may be time to attempt early neutral evaluation more earnestly and more often in Wisconsin.

    Aug. 26, 2020
    Dispute Resolution Section Blog

    Proper preparation can help you maximize results for your clients during their mediation session. Jill Sopha shares her favorite tips for advocates in mediation.

    Jul. 09, 2020
    Dispute Resolution Section Blog

    Mediating by video conference is not as straightforward as in-person sessions. Lisa Derr and retired Judge Charles Kahn share their perspectives on how they have adapted to technology in the era of social distancing including accessibility, neutrality, and confidentiality.

    Mar. 03, 2020
    Dispute Resolution Section Blog

    Caucusing in mediation is useful way to exchange information and provide a safe place to reality check, brainstorm, and examine feelings. Cathy A. Warmington discusses the ins and outs of caucusing in mediation.

    Feb. 25, 2020
    Dispute Resolution Section Blog

    The decision in Ponfils Trust is a cautionary tale about according mediation agreements their due. James Mathie points out that preparing for agreements ahead of time can be the key to getting them right at the end of a long mediation.

    Sep. 03, 2019
    Dispute Resolution Section Blog

    Mediation may seem like a traffic jam, but with the right mediation tools situations can successfully merge into a solution. James Mathie lists a few ways lawyers can set up a mediation for success.

    Mar. 28, 2019
    Dispute Resolution Section Blog

    Dispute resolution is a useful tool in resolving professional liability cases. Perry Granof explores various dispute resolution procedures, including their efficacy and advantages and disadvantages.

    Mar. 05, 2019
    Dispute Resolution Section Blog

    Listening closely and carefully is one of the most effective tools of the family court mediator. Nancy Mills discusses this subtle mediator skill that helps the mediator bring adversarial parents to an agreement that places the needs of the child first.

    Jan. 31, 2019
    Dispute Resolution Section Blog

    Certain legal disputes may be better handled by two neutral parties working together to help the case reach a resolution via co-mediation. Roy Wagner discusses when two heads are better than one.

    Dec. 20, 2018
    Dispute Resolution Section Blog

    Mandatory mediation in elder law can save court resources and reach creative solutions that preserve family relationships and allow the elder’s voice to be heard, says Julie Short.

    Oct. 31, 2018
    Dispute Resolution Section Blog

    When valuing a case, lawyers should look beyond the legal issues to consider the client's personal costs and benefits of litigating. Jill Sopha discusses BATNA, or Best Alternative to a Negotiated Agreement, a formula to calculate the value of litigating a case.

    Jun. 29, 2018
    Dispute Resolution Section Blog

    Jim Mathie discusses how perspective taking can help to solve difficult puzzles in mediation.

    Apr. 11, 2018
    Dispute Resolution Section Blog

    There are many hurdles and pitfalls when it is your job to find common ground with parents involved in custody disputes. Nancy Mills discusses her techniques to help parents overcome their issues and put their children first.

    Feb. 14, 2018
    Dispute Resolution Section Blog

    Former Sheboygan County Circuit Court Judge James Bolgert was attracted to a mediation practice because he believes in using mediation to resolve family disputes. "And mediation with attorneys works well with a schedule in which some days are reserved for higher things (grandparent work)," he writes. "Pro se mediation reminds me of practicing law: You get calls."

    Nov. 21, 2017
    Dispute Resolution Section Blog

    From liability considerations to subrogation, there is a lot to consider before going to a personal injury mediation. Are you prepared? Timothy Hawley helps you to prepare with a list of seven issues to address in your mediation statement.

    Oct. 16, 2017
    Dispute Resolution Section Blog

    In these tumultuous times, the American Bar Association's annual Mediation Week is an opportunity to reflect on and consider the value of mediation for addressing conflict in our lives. Lisa Derr and Amy Koltz offer seven tips for learning, engaging in, and sharing about mediation.

    Aug. 04, 2017
    Dispute Resolution Section Blog

    During mediation, if you suddenly learn new information about your case that makes you rethink its settlement value – that is a good thing, not something to be afraid of. Mediation, says Michael Pollack, is the better time than during trial to find out what’s harmful in your case.

    Feb. 10, 2017
    Dispute Resolution Section Blog

    On Jan. 12, 2017, the Wisconsin Supreme Court approved Rule Petition 16-04 that expanded the role of lawyer-mediators in family law cases. Hon. Michael Dwyer and Susan Hansen discuss the rule and what it means for the evolution of family law practice.

    Dec. 13, 2016
    Dispute Resolution Section Blog

    You spend money advertising to make the phone ring – but what do you do when the phone actually rings? Lisa Derr discusses the key components to successfully converting that caller into a paying client.

    Aug. 19, 2016
    Dispute Resolution Section Blog

    What happens when you apply interest-based bargaining techniques to the typically distributive process of buying a home? Michael Rust shares his experience.

    Aug. 18, 2016
    Dispute Resolution Section Blog

    We’re excited to announce the launch of a new blog for the Dispute Resolution Section!

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