College of Law

Publications

Books

• Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities (Oxford University Press, forthcoming 2012).
• Negotiating Outcomes: Pocket Mentor Series (Harvard Business School Press, 2007)

Book Chapters

• “Using Evaluations in Mediation,” with D. Golann, Chapter 31 in American Arbitration Association Handbook on Mediation, Second Edition (JurisNet, LLC 2010).
• “Evaluation and Decision Analysis,” with D. Golann, Chapter 8 in D. Golann, Mediating Legal Disputes (American Bar Association, Section of Dispute Resolution, 2009).
• Assisting Settlement Decisions with Numbers, Trees, and Maps in The Handbook of Dispute Resolution (Harvard Law School Program on Negotiation, 2005)
• Initial Contacts in Mediation Practice and Maximizing the Mediator's Initial Contact and Getting a Head Start: More Intake Questions and Tips for Mediators in Russ Bleemer, Ed. Mediation: Approaches and Insights (Juris 2005)

Articles, Essays & Book Reviews

• For the General Practioner: Dispute Resolutions: Do's and Don'ts for Mediation, GP Solo, March 2006
• At First Glance: Maximizing the Mediator's Initial Contact, 20 Alternatives 167 (2002)
• Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer)
• Evaluation in Mediation, in Mediating Legal Disputes 267 (Dwight Golann, ed., 1997) (with David P. Hoffer)
• Using Evaluations in Mediation, in 52 Dispute Resolution Journal 26 (1997) (with Dwight Golann)
• ADR Toolbox: The Highwire Art of Evaluation, 14 Alternatives to High Cost Litig. 62 (1996)
• Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer)
• Standards of Professional Conduct in Alternative Dispute Resolution, 1995 J. Disp. Resol. 95
• The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995)

Videos

• Mediators at Work: Termination Tempest (DVD, Harvard Law School Program on Negotiation, 2004) (with Dwight Golann).
• Mediators at Work: Breach of Warranty (DVD, Harvard Law School Program on Negotiation, 2004) (with Dwight Golann).
• One of two featured mediators in DVD “The Skills of a Legal Mediator” by D. Golann, published by the ABA Section of Dispute Resolution, and JAMS Foundation, for use with D. Golann, Mediating Legal Disputes (American Bar Association, Section of Dispute Resolution, 2009).

Presentations

• Skill Training for Mediators: How to Deliver Bad News, KY Bar Association Presentation (June 2012)
• On Negotiation Good Settlements of Our Clients' Legal Disputes, OSBA Conference Presentation (May 2012)
• How to Counter "Spin" without Counter-spinning: Ways to Deal with Aggressive Advocates and Ill-Counseled Clients, with Dwight Golann, ABA (April 2012)
• Client Science: What We've Learned From Teaching and Individual Coaching on How Best to Counsel Clients Through Legal Realities, with Richard Reuben, ABA (April 2012)
• Difficult Delivery: Bearing Bad News, Procter & Gamble Legal Department (Nov. 2010, Sept. 2011)
  
• Failure in Mediation, ABA Section on Dispute Resolution Spring Conference, Denver, CO, with Dwight Golann (April 2011)
• Clientology: the Science of Communicating with Clients, ABA Section on Dispute Resolution Spring Conference, San Francisco, CA with Dwight Golann and Patricia Foster (April 2010)
• When the Music Stops: How to Overcome ‘Insulting’ First Offers, Bad Faith Refusals to Negotiate and Other Impasses in Bargaining, ABA Section on Dispute Resolution Spring Conference, NYC, with Dwight Golann and David Geronemus (April 2009)
• On Teaching Mediation and Mediation with Multi-Phased Simulation Bagger-Delishco, in the “Shoptalk” session of the Legal Educators’ Colloquium at the ABA Section on Dispute Resolution Spring Conference, NYC (April 2009)
• Breaking the Rules: The Truth About Consequences, ABA Section on Dispute Resolution Spring Conference, Seattle, WA, with Dwight Golan (April 2008)
• On Negotiating, CEO Roundtable, Cincinnati, OH (June 2007)
  
• Academy to Action for Practical Negotiation Advice, Westchester Chamber Alliance (March 2007)
  
• Spotlight on Women Negotiating, for Women’s Networking Initiative of the law firm of Thompson, Hine & Flory, Cincinnati, Ohio (Nov. 2006)
• Decision Analysis: It’s Not Just for Settlement Anymore!, lecture presentation at the Spring Meeting of the CPR Institute for Dispute Resolution, Atlanta, GA (June 2006)
• Mediator Manipulation: The Art and The Ethics, plenary Frank E. Sander lecture, ABA Section on Dispute Resolution Spring Conference, Atlanta, GA, with Dwight Golann (April 2006)
• Negotiating Medical Faculty Issues, interactive presentation for the University of Cincinnati Medical School, junior faculty professional development luncheon series (Feb. 2006)
• Teaching Materials and Approaches for Adjuncts, panelist, ABA Section on Dispute Resolution Spring Conference, Los Angeles, CA (April 2005)
• Teaching Client Counseling, panelist, Legal Educators’s Colloquium, ABA Section on Dispute Resolution, Los Angeles, CA (April 2005)
• Mediation for Advocates, Young Lawyers Program, Cincinnati Bar Association (Jan. 2005)
  
• Triaging Family and Family Business Disputes, panelist, Symposium on Preventing and Resolving Family Business Disputes, ABA Section on Dispute Resolution, Boston, MA (Oct. 2004)
• Effective Negotiation Strategy and Practice, workshop session, University of Cincinnati Women’s Leadership Conference (March 2005, 2002)
• Mediating Without Mistakes, Procter & Gamble Legal Department, Cincinnati, OH (March 2004)
  
• Advanced Mediation in Employment Disputes, presentation at the ABA Section on Dispute Resolution, Annual National Conference, with mediator Margaret Shaw (March 2003)
• Ethics behind Closed Doors, chaired a panel presentation at the CPR Institute for Dispute Resolution, Spring Meeting, Seattle, WA, primary author of materials (June 2002)
• ADR Process Choices, Taft, Stettinius and Hollister, CLE workshop program (Dec. 2001)
  
• Psychology in Negotiation, Family Law Section of the Cincinnati Bar Association (May 2001)
  
• Managing the Merits, skills teaching session, ABA Section on Dispute Resolution, Annual National Conference, San Francisco, CA (April 2001)
• Arbitration Process Demonstration (and experimentation) (co faculty with Prof. Thomas Stipanowich), CPR Institute for Dispute Resolution, Spring Meeting, Charleston, SC (June 2000)
• Decision Analysis in Mediation, skills teaching session, ABA Section on Dispute Resolution, Annual National Conference, Washington, DC (April 2000)
• Psychological Hardwiring: Tips for the Sophisticated Negotiator, Harvard Law School Association of Cincinnati (June 1999)

• Mediation—The Chosen Process: Some Process Choices, program for the ADR Committee of the Ohio State Bar Association, Annual Conference (May 1999)
• Ethical Issues in Mediation, Panel Presentation, Harvard Law School Alumni Day Program (Nov. 1998)
• Mediation Ethics, Mediation Advocacy, and Evaluation, Ohio State University College of Law, for Ohio Dispute Resolution Institute Program (June 1998)
• What's in a Frame? Frames, Stories, Visions, Anchors and other Elements of Meaning, Center for Public Resources (CPR) Institute for Dispute Resolution (June 1998)
• Grievance Mediation, 16th Annual Conference Labor Management Conference, sponsored by the Federal Mediation and Conciliation Service, Northern Kentucky University, and the Kentucky Labor Cabinet (May 1998)
• Mediation Workshop, 4 day program offered by JAMS-Endispute, with Professor Dwight Golann (Sept. 1998, Feb. 1998, June 1996)
• Advanced Mediation Workshop, week long workshop offered by the Program of Instruction for Lawyers, Harvard Univ. Law School, co-instructor with Professor Robert Mnookin (HLS) and Gary Friedman, Esq. (June 1997)
• Evaluation in Mediation, lecture and demonstration with Dwight Golann, Center for Public Resources (CPR) Institute for Dispute Resolution (Jan. 1996)
• Decision Analysis for Mediators, lecture and teaching session at the Spring Meeting of the CPR Institute for Dispute Resolution (June 1996)
• Negotiation Research for Mediation Practice, plenary lecture, Virginia Mediation Network (Oct. 1996)
• Manipulation, Evaluation, and Other Practical Strategies for Mediators Here on Earth, New England Society of Professionals in Dispute Resolution (Oct. 1995)
• Gender Issues in Negotiation, lecture and workshop, New Hampshire Women's Bar Association (Oct. 1994)