The following is a partial list of publications in reverse chronological order. Visitors to this web site may download and print copies of these items for personal use, by clicking on the title. (If you have any difficulty accessing a document, please contact us.) Please see our terms of use page if you wish to make additional copies of these materials or use them commercially. Thanks!
Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution (with co-editor Daniel Bowling) (Jossey-Bass/Wiley, 2003)
Bringing Peace into the Room is available from Barnes & Noble or Amazon.
For a copy of the Introduction of the book, click here.
Massachusetts Alternative Dispute Resolution (2 vols.) (Michie/Butterworth Legal Publishers, 1994, 1996) (with co-author David Matz)
To order a copy of the book, contact us. In the meantime, you may view a copy of chapter 8 (Mediation) and chapter 10 (Arbitration) here.
"A healing approach to the law: Collaborative law does not have to be an oxymoron," Christian Science Monitor, October 9, 2007 (op-ed)
"Exploring the Boundaries and Terrain of ADR Practice: Mediation, Arbitration, and Collaborative Law," 14 Dispute Resolution Magazine 6 (Fall 2007)
"Communicating Collaboratively in Cyberspace: What Couples Counselors Can Teach Us about Email," Collaborative Law Journal (Fall 2007)
"The Future of ADR Practice: Three Hopes, Three Fears, and Three Predictions," Negotiation Journal 467 (October 2006)
"Cooperative Negotiation Agreements: Using Contracts to Make a Safe Place for a Difficult Conversation," chapter in Innovations in Family Law (book to be published in 2007 by the Association of Family and Conciliation Courts)
"Book Review: The Blackwell Handbook of Mediation: Bridging Theory, Research, and Practice," ACResolution Magazine 6-7 (Summer 2006)
"Collaborative Law: A Practictioner's Perspective," ABA Dispute Resolution Magazine, Fall 2005.
"Collaborative Law: A Small Group of Thoughtful, Committed People, but Growing Larger Every Day," ACResolution, Fall 2005 (book review)
"Mediation and the Meaning of Life," ABA Dispute Resolution Magazine, Summer 2005
"The Uniform Mediation Act: Upgrading Confidentiality in Mediation," Massachusetts Lawyers Weekly (July 18, 2005) (with co-author Vicki Shemin)
"Courts and ADR: A Symbiotic Relationship," ABA Dispute Resolution Magazine, Spring 2005
"Why Do We Care About Diversity," ABA Dispute Resolution Magazine, Winter 2004
"Collaborative Law in the World of Business," Collaborative Review, Winter 2004
"Walking the Talk," ABA Dispute Resolution Magazine, Fall 2004
"Collaborative Law Agreements for Business Cases," Collaborative Law Journal, Summer 2004 (with co-author Julie Hoyt)
"Multidisciplinary Practice: Three-Dimensional Client Service" Massachusetts Psychological Association's publication, MassPsych Summer 2004
"The Uniform Mediation Act," Journal of Dispute Resolution, Winter 2003 (an introduction to the Journal's symposium issue on the UMA)
"Law firm's demise serves as a wake-up call for profession," Boston Globe, January 12, 2003 (page E4) (op-ed column about Hill & Barlow)
"Paradoxes of Mediation," ABA Dispute Resolution Magazine (Fall/Winter 2002) (this is also reprinted in Bringing Peace into the Room)
"Collaborative Family Law," chapter in MCLE Family Law Manual (with co-author Rita Pollak and commentary by Hon. Eileen Shaevel (ret.)) (2002) (an overview)"
"Collaborative Law and the Use of Settlement Counsel," chapter 41 in The Alternative Dispute Resolution Practice Guide (with-co-author Pauline Tesler) (West Publishing 2002) (an overview)"
"A Sabbatical Journey on the Appalachian Trail," ACResolution, Spring 2002 (for further information about this hike, see www.newview.org/JacobAndDavid)
Book Review of Anita Robboy's Aftermarriage: The Myth of Divorce Unspoken Marriage Agreements and Their Impact on Divorce, Boston Law Tribune, March 2002 (review of an excellent book about divorce)"
"Collaborative Family Law: Restoring Sanity to the Divorce Process," 45 Mass. Psychological Ass'n Quarterly 15, Nov. 2001 (an overview, for mental health professionals and others)
"Lawyers Who 'Just Say No' to Litigation," Boston Globe, Focus Section, April 1, 2001 (with co-author James McGuire) (discusses collaborative law and the role of settlement counsel)"
"Employers and Employees Square Off Over Arbitration Decision," Boston Business Journal, July 20, 2001 (with co-author Phyllis Segal) (discussed Circuit City and employment arbitration)
"Bringing Peace into the Room: The Personal Qualities of the Mediator and Their Impact on the Mediation," 16 Negotiation Journal 5 (2000) (with co-author Daniel Bowling) (this article led to an invitation from Jossey-Bass to edit a book on this subject)
"Ten Principles of Mediation Ethics," 18 Alternatives 147 (September 2000), reprinted in Mediation: Approaches and Insights (Juris Publishing 2003) (a summary of basic principles)
"Mediation and the Unauthorized Practice of Law: Do Mediators Have a Well-Founded Fear of Prosecution?" 6 ABA Dispute Resolution Magazine 20 (2000) (with co-author Natasha Affolder) (short answer: yes)
"'Collaborative Law' Looks to Avoid Litigation," 28 Massachusetts Lawyers Weekly 1989 (May 8, 2000) (with co-author Rita Pollak) (an overview and introduction)
"Coaching from the Sidelines: Effective Advocacy in Divorce Mediation," 17 Massachusetts Family Law Journal 85 (1999) (with co-author Karen Tosh) (written for divorce lawyers and their clients who are considering mediation)
"The Use of Apology in Employment Cases," 1 Practical Dispute Resolution No. 2 (1999) (discusses apology in mediation and has applicability to non-employment cases)
"Confessions of a Problem-Solving Mediator," 23 Society of Professionals in Dispute Resolution News 1 (Summer 1999) (an attempt to reconcile the principles of transformative mediation with the more evaluative style of mediation used by most commercial mediators)
Chapter on ADR Practice in ADR Personalities and Practice Tips (ABA Press (Section of Dispute Resolution), 1998) (a description of launching a mediation practice one of 23 profiles of work-a-day mediators)
"Alternatives to Litigation," chapter in MCLE Superior Court Civil Practice Manual (1997) (co-author) (overview of ADR options)
"Certifying ADR Providers," Boston Bar Journal (March 1996) (a point-counterpoint with Hon. Paul Garrity and a response to his argument that certification is unnecessary)
"How to Keep Your Company Out of Court," Directorship (February 1996) (written for board directors and others involved in corporate governance)
"Protecting Confidentiality in Mediation," 23 Massachusetts Lawyers Weekly 1553, B2 (April 17 & May 8, 1995) (a summary of what's protected and what's not)
"The Death Penalty Is Not an Answer," Boston Globe, June 4, 1995 (op-ed) (discussing the execution of Thomas Lee Ward) (reprinted in Congressional Rec
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