Articles on Mediation
By Robert M. Tessier

Wrong-way Mediation
The Top Ten ways not to settle your personal-injury case at mediation.

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 information was acquired.

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

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

Model Mediation Procedure
Mediation Agreement, The Mediator, The Participants, Exchange of Information

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.

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.

The Case for Alternative Dispute Resolution 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.

Mediating the Litigated Case
The adversarial process holds conflict and war as a virtue.