The Prisoner’s Dilemma
Mediation often requires parties to make decisions in the face of uncertainty. Each side must…
Joe RoseDecember 8, 2025
Understanding the Mechanics of Mediation in Civil Litigation
Understanding the Mechanics of Mediation in Civil Litigation More than 90 percent of civil cases…
Joe RoseDecember 7, 2025
Understanding the Zone of Possible Agreement (ZOPA) in Mediation
Every negotiation—whether in business, employment, or civil litigation—has an invisible landscape beneath the surface. Parties…
Joe RoseDecember 7, 2025
Understanding MLATNA: The Most Likely Alternative and Why It Creates Clarity in Mediation
In every civil dispute, parties enter mediation with ideas about how their case will unfold…
Joe RoseDecember 7, 2025
Understanding WATNA: Why Recognizing the Worst-Case Scenario Strengthens Mediation Decisions
In every civil dispute, parties enter mediation with hopes about what a favorable settlement might…
Joe RoseDecember 7, 2025
How Secure Videoconferencing Has Transformed Mediation in a Post-COVID World
The COVID-19 pandemic profoundly changed how the legal system operates, accelerating the adoption of remote…
Joe RoseDecember 7, 2025
Understanding BATNA: How Knowing Your Best Alternative Clarifies the Value of Settlement
Mediation often brings parties face-to-face with difficult decisions about risk, cost, and uncertainty. In the…
Joe RoseDecember 7, 2025
Blending Facilitative and Evaluative Mediation: How a Hybrid Approach Enhances Resolution
Mediation has evolved significantly over the last several decades, and modern practice increasingly recognizes that…
Joe RoseDecember 6, 2025
Safe to Speak: Why Mediation Confidentiality Holds Up in Practice
California offers some of the strongest mediation confidentiality protections in the country. Under Evidence Code…
Joe RoseDecember 6, 2025
Impasse Factfinding Under the MMBA: The Critical Role of the Factfinding Chairperson
In California’s public sector labor relations system, the Meyers-Milias-Brown Act (MMBA) establishes the framework for…
Joe RoseDecember 9, 2025
The Dayton Accords and the Mediation That Ended the Bosnian War
By the mid-1990s, Bosnia and Herzegovina had endured one of the most devastating conflicts in…
Joe RoseDecember 6, 2025
An Historic Mediation Story: The Alaska Boundary Tribunal
When gold was discovered in the Klondike in 1896, the remote and icy territories of…
Joe RoseDecember 6, 2025










