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Articles on Mediation By Robert M. Tessier

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The Duty to Disclose: A Recent Case Explains Potential Liability for Constructive Fraud

The California Court of Appeal has recently handed down another opinion warning of the perils of failing to disclose material information in a residential real estate transaction no matter how the

Testimonial

"Bob did a great job in helping resolve two very difficult matters. His persistence and follow up, as well as his ability to get the litigants to understand the issue made all the difference in getting the cases settled."

Timothy R. Windham,
Trial Attorney
Lewis, Brisbois, Bisgaard & Smith

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Making Effective Use of Alternative Dispute Resolution
Most business owners are small business owners, competing in an intense and flattening global environment...more>

How to Prevent the War
Wise companies are often incorporating mandatory mediation in their contractual agreements prior to instituting litigation.  Mediation is a much more flexible vehicle than the court system or arbitration for resolving business disputes...more>

Making the Peace
History is full of missed opportunities to make a just peace after war cannot be avoided...more>

Model Mediation Procedure
Mediation Agreement, The Mediator, The Participants, Exchange of Information
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How to Achieve Optimum Results at Mediation in Personal Injury Claims
Twenty years ago, Alternative Dispute Resolution consisted of the Mandatory Settlement Conference. Often the MSC was convened before the judge who would try your case if it did not settle...
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Prevent the War - Use Mediation Strategically
When parties to contract are acting in good faith, the single biggest reason for an inability to resolve dispute involves a lack of communication...more>
 

Case for ADR to Resolve International Disputes
Thomas Friedman in his groundbreaking book "The World is Flat" has proven Columbus wrong for our century.  Rather than focusing on vertical command and control structure in business, Friedman refocused the vision of business to the horizontal...
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Mediating the Litigated Case
The adversarial process holds conflict and war as a virtue...
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