Michael Moffitt: Publications

Full Length Law Review Articles

Three Things to Be Against ("Settlement" Not Included), ___ FORDHAM LAW REVIEW ___ (forthcoming 2009).

Islands, Vitamins, Salt, Germs: Four Visions of the Future of ADR in Law Schools, ___ OHIO STATE JOURNAL ON DISPUTE RESOLUTION ___ (forthcoming 2009/2010).

The Four Ways to Assure Mediator Quality (and why none of them work), ___ OHIO STATE JOURNAL ON DISPUTE RESOLUTION ___ (forthcoming 2009).

Customized Litigation: The Case for Making Civil Procedure Negotiable, 75 George Washington Law Review 461 (2007).

Pleadings in the Age of Settlement, 80 Indiana Law Journal 727 (2005).

Schmediation and the Dimensions of Definition , 10 Harvard Negotiation Law Review 69 (2005).

Lights, Camera, Begin Final Exam: Testing What We Teach in Negotiation Courses, 54 Journal of Legal Education 91 (2004).

Suing Mediators , 83 Boston University Law Review 147 (2003).

Ten Ways to Get Sued: A Guide for Mediators , 8 Harvard Negotiation Law Review 81 (2003).

Will This Case Settle? An Exploration of Mediators' Predictions , 16 Ohio State Journal on Dispute Resolution 39 (2000).

Remodeling the Model Standards of Conduct for Mediators , 2 Harvard Negotiation Law Review 87 (1997), co-authored with Jamie Henikoff.

Casting Light on the Black Box of Mediation: Should Mediators Make Their Conduct More Transparent? , 13 Ohio State Journal on Dispute Resolution 1 (1997).

Shorter Law Review Articles and Book Chapters

Before the Big Bang: The Making of an ADR Pioneer, 22 Negotiation Journal 437 (forthcoming 2006).

Mediator Accountability: Ethical and Legal Standards of the Profession, American Journal of Trial Advocacy 47 (2005).

Mediation "Transparency" Helps Parties See Where They're Going in Mediation: Approaches and Insights Russ Bleemer, ed. (CPR Institute for Dispute Resolution 2005).

Learning to Learn to Negotiate: An Action Science Perspective, (with Scott R. Peppet), in The Negotiator's Fieldbook, (C. Honeyman and A. Schneider, eds.) (forthcoming 2006).

Contingent Agreements: Agreeing to Disagree about the Future, 87 Marquette Law Review 690 (2004). Updated and reprinted in The Negotiator's Fieldbook, (C. Honeyman and A. Schneider, eds.) (forthcoming 2006).

The Law of Bargaining , 87 Marquette Law Review 838 (2004), co-authored with Russell Korobkin & Nancy Welsh. Updated and reprinted in The Negotiator's Fieldbook, (C. Honeyman and A. Schneider, eds.) (forthcoming 2006).

Action Science and Negotiation , 87 Marquette Law Review 648 (2004), co-authored with Scott Peppet .

Loyalty, Confidentiality and Attorney-Mediators: Professional Responsibility in Cross-Profession Practice , 1 Harvard Negotiation Law Review 203 (1996).

Books

DISPUTE RESOLUTION: EXAMPLES & EXPLANATIONS, (Aspen 2008), co-authored with Andrea Kupfer Schneider.

The Handbook of Dispute Resolution, edited with Robert C. Bordone (Jossey-Bass 2005).

Other Publications

Create Value out of Conflict, 9 Negotiation 1 (Harvard Business School Publishing, June 2006).

The Wrong Model, Again: Why the Devil is Not in the Details of the New Model Standards of Conduct for Mediators, Dispute Resolution Magazine (forthcoming Spring 2006).

Promises, Promises: Mediators and Their Contracts , in Alternatives: CPR Institute for Dispute Resolution (January 2004).

What Me Liable? A Checkup for Mediators , Dispute Resolution Magazine 25 (Summer 2003).

An Introduction to Transparent Mediation , in Alternatives: CPR Institute for Dispute Resolution (June 1998).