Mediation Resources
Between Sessions: Mock Jury and Focus Group Analysis
David Wenner and Howard Snyder (Snyder & Wenner, PC, Phoenix)
Spartan Executives, Phoenix (focus groups, storyboard visuals, juror research, trial consulting)
Selected Writing and Other Resources for Mediators, Parties, and Advocates
“Always Run the Numbers,” Stephan Carrier (an approach to analyzing risk in complex disputes - spreadsheet included)
Arizona Rules of Professional Conduct, ER 3.3 (Candor Toward the Tribunal)
Best Articles on Farnam Street: Decision-Making, Creativity, and Mental Models
Carta (equity management software; cap tables, equity plans, etc.)
SilverDecisions (free decision tree software)
"Developing an Effective Med-Arb/Arb-Med Process," Edna Sussman, New York Dispute Resolution Lawyer, New York State Bar Association, Spring 2009
"Do Lawyers Really Believe Their Own Hype and Should They? A Natural Experiment," Zev J. Eisen & Yair Listokin
"Don't Torch the Joint Session," Eric Galton and Tracy Allen, Dispute Resolution Magazine , Fall 2014
Early Dispute Resolution Protocols - 30- to 60-day resolution (download latest version at edrinstitute.org)
"Is Your Mediation Confidential?" Robert J. Jossen, New York Law Journal (Nov. 17, 2021)
Making Effective Decisions and Fewer Errors, Shane Parrish (Farnam Street)
"Mediation is the New Trial, " Myles P. Hassett, Arizona Attorney (Nov. 2017)
"Mediation Preparation Checklist," Amy Lieberman, Arizona Attorney (January 2015)
Model-Based Analytics: Oracle Crystal Ball and ArbiLex
Litigation Interest and Risk Assessment: See, e.g., Risk and Rigor: "Litigation Risk Assessment: A Tool to Enhance Negotiation," Michaela Keet, Cardozo Journal of Conflict Resolution, Vol. 19, 2017
"Face-to-Face Sessions Fade Away: Why Is Mediation's Joint Session Disappearing?" Lynne S. Bassis, Dispute Resolution Magazine, Fall 2014
"Final Offer Arbitration Supplementary Rules," International Centre for Dispute Resolution, January 1, 2015
"Five Don'ts of Settlement Conferences," Hon. Sunil R. Harjani, Litigation 48:2 (Winter 2022)
Getting to Yes, by William Ury and Roger Fisher (Harvard Negotiation Project)
"Let's Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations," Randall L. Kiser, Martin A. Asher and Blakeley B. McShane, Journal of Empirical Legal Studies, September 2008
Maricopa County Superior Court - Commercial Court
Maricopa County Superior Court - Commercial Court Trial Court Orders (available on Westlaw)
"Mediation in the World of Commercial Dispute Litigation," Jeff Trueman, Washington University Journal of Law & Policy 63: 207-241 (2020)
"Negotiating to Win-Win," Myles P. Hassett, Arizona Attorney (Nov. 2019)
Predictably Irrational, by Dan Ariely
Private Mediation Engagement Letter, Shawn K. Aiken (September 2023)
Private Mediation Engagement Letter, Timothy J. Thomason (October 2023)
"Recognizing the Role of Optimism Bias in Case Evaluation," Rick Lowe, The Legal Intelligencer, June 1, 2016
Singapore Convention on Mediation
Start with No, by Jim Camp
TrialLine, cloud-based legal timeline software
"Trial and Settlement: A Study of High-Low Agreements," J.J. Prescott, Kathryn E. Spier, Albert Yoon, University of Michigan Law School Scholarship Repository, 2014