Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions (ABA, 2020) (with Michaela Keet and Heather Heavin).
Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement (John Lande, ed., 2020).
Lawyering with Planned Early Negotiation: How You Can Get Good Results for Clients and Make Money (2d ed., ABA, 2015).
The Real Practice Systems Project, Indisputably blog (2022).
Real Mediation Systems to Help Parties and Mediators Achieve Their Goals, 24 Cardozo Journal of Conflict Resolution 347 (2023).
Real Practice Systems Project Menu of Mediation Checklists, 42 Alternatives to the High Cost of Litigation 53 (2024).
Real Practice Systems Project Menu of Checklists for Attorneys in Mediation, SSRN (2024).
Practitioners Tell Why Real Practice System Checklists Are So Useful, 42 Alternatives to the High Cost of Litigation 80 (2024).
Real Practice Systems Project Annotated Bibliography, SSRN (2024).
Promoting Better Dispute Decision-Making with an AI Tool Built on RPS Theory, 79 Washington University Journal of Law and Policy (2026).
How AI Can Help Mediators Say What They Really Mean, 2026 Journal of Dispute Resolution.
When AI Comes to the Table: How Tech Tools Will Change ADR, 43 Alternatives to the High Cost of Litigation 107 (2025).
Thinking Like Mediators About the Future of AI, SSRN (2025).
Getting the Most from AI Tools: A Practical Guide to Writing Effective Prompts, SSRN (2025).
The Art of AI Prompting in Law and Dispute Resolution Practice, 43 Alternatives to the High Cost of Litigation 172 (2025).
RPS Coach is Biased – and Proud of It, SSRN (2025).
RPS Coach Project: A Growing Library About a Valuable AI Tool, SSRN (2025). This is an annotated bibliography.
Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs, 50 UCLA Law Review 69 (2002).
Think DSD, Not ADR, 16 New York Dispute Resolution Lawyer 14 (Spring 2023).
Principles for Policymaking about Collaborative Law and Other ADR Processes, 22 Ohio State Journal on Dispute Resolution 619 (2007).
Possibilities for Early Dispute Resolution, in Discussions in Dispute Resolution, Volume II: The Coming of Age (2000-2009) (Art Hinshaw, Andrea Kupfer Schneider, and Sarah Rudolph Cole eds., 2025).
Early Negotiation Processes, in Family Dispute Resolution: Process and Practice (Peter Salem and Kelly Browe Olson, eds., 2024).
Survey of Early Dispute Resolution Movements and Possible Next Steps, SSRN (2021).
Why and How Businesses Use Planned Early Negotiation, 13 University of St. Thomas Law Journal 248 (2017) (with Peter W. Benner).
Family Lawyering with Planned Early Negotiation: How to Get Good Results for Clients and Make Money, 37 Family Advocate 12 (Winter 2015).
Planned Early Dispute Resolution User Guide, ABA Section of Dispute Resolution (2013) (with Kurt L. Dettman and Catherine E. Shanks).
The Movement Toward Early Case Handling in Courts and Private Dispute Resolution, 24 Ohio State Journal on Dispute Resolution 83 (2008).
Good Pretrial Lawyering: Planning to Get to Yes Sooner, Cheaper, and Better, 16 Cardozo Journal of Conflict Resolution 63 (2014).
How Can You Turn Adversarial Attorneys into Quasi-Mediators?, 43 Alternatives to the High Cost of Litigation 3 (2025).
How Attorneys Can Be Quasi-Mediators, SSRN (2024).
Theory and Practice of Mediation Representation, SSRN (2024).
The Important Role of Attorneys in Promoting Parties’ Self-Determination in Mediation, SSRN (2024).
The Importance of Quantifying Intangible Litigation Costs, 38 Alternatives to the High Cost of Litigation 17 (2020) (with Michaela Keet and Heather Heavin),
Escaping From Lawyers’ Prison of Fear, UMKC Law Review 485 (2014).
Getting Good Results for Clients by Building Good Working Relationships with “Opposing Counsel,” 33 University of La Verne Law Review 107 (2011).
Failing Faith in Litigation? A Survey of Business Lawyers’ and Executives’ Opinions, 3 Harvard Negotiation Law Review 1 (1998).
A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation, 16 Cardozo Journal of Conflict Resolution 1 (2014).
What’s the Matter with BATNA? It’s Misleading and Doesn’t Help Advance Parties’ Important Interests, 43 Alternatives to the High Cost of Litigation 39 (2025).
Moving Negotiation Theory from the Tower of Babel Toward a World of Mutual Understanding, 2017 Journal of Dispute Resolution 1.
The Definition of Negotiation: A Play in Three Acts, 2017 Journal of Dispute Resolution 15 (with Andrea Schneider, Noam Ebner, and David Matz).
Taming the Jungle of Negotiation Theories, in Negotiation Desk Reference (Christopher Honeyman & Andrea Schneider eds., 2017).
Why Do Mediators Mediate the Way They Do?, 42 Alternatives to the High Cost of Litigation 91 (2024).
Helping You Do the Best Mediation You Can, 42 Alternatives to the High Cost of Litigation 112 (2024).
A Snapshot of How Mediators Use Technology These Days, 42 Alternatives to the High Cost of Litigation 159 (2024).
The Critical Importance of Pre-Session Preparation in Mediation, SSRN (2022).
How You Can Solve Tough Problems in Mediation, 29 Michigan Dispute Resolution Journal 11 (Fall 2021).
Doing The Best Mediation You Can, 14 Dispute Resolution Magazine 43 (Spring/Summer 2008).
Getting the Faith: Why Business Lawyers and Executives Believe in Mediation, 5 Harvard Negotiation Law Review 137 (2000).
Toward More Sophisticated Mediation Theory, 2000 Journal of Dispute Resolution 321.
How Will Lawyering and Mediation Practices Transform Each Other?, 24 Florida State University Law Review 839 (1997).
Mediation Paradigms and Professional Identities: Can Mediators Activate a New Movement for Justice? 4 Mediation Quarterly 19 (1984).
The Phenomenon Known as the Vanishing Trial, in Discussions in Dispute Resolution (Volume II: The Coming of Age (2000-2009) (Art Hinshaw, Andrea Schneider, and Sarah Cole eds., 2025).
How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?, 2024 Journal of Dispute Resolution 82.
The Deplorable Vanishing of Fox’s Trial, SSRN (2023).
The Deplorable Vanishing of Fox’s Trial – Part 2, SSRN (2023).
Charting a Middle Course for Court-Connected Mediation, 2022 Journal of Dispute Resolution 63.
Courts Should Make Mediations Good Samaritans Not Frankensteins, SSRN (2021).
Introduction to Vanishing Trial Symposium, 2006 Journal of Dispute Resolution 1.
How Much Justice Can We Afford?: Defining the Courts’ Roles and Deciding the Appropriate Number of Trials, Settlement Signals, and Other Elements Needed to Administer Justice, 2006 Journal of Dispute Resolution 213.
Shifting the Focus From the Myth of “The Vanishing Trial” to Complex Conflict Management Systems, or I Learned Almost Everything I Need to Know About Conflict Resolution From Marc Galanter, 6 Cardozo Journal of Conflict Resolution 191 (2005).
An Empirical Analysis of Collaborative Practice, 49 Family Court Review 257 (2011).
Collaborative Lawyers’ Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients’ Informed Consent to Use Collaborative Law, 25 Ohio State Journal on Dispute Resolution 347 (2010)(with Forrest S. Mosten).
The Uniform Collaborative Law Act’s Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process, 38 Hofstra Law Review 611 (2009)(with Forrest S. Mosten).
Practical Insights From an Empirical Study of Cooperative Lawyers in Wisconsin, 2008 Journal of Dispute Resolution 203.
Developing Better Lawyers and Lawyering Practices: Introduction to the Symposium on Innovative Models of Lawyering, 2008 Journal of Dispute Resolution 1.
The Promise and Perils of Collaborative Law, 12 Dispute Resolution Magazine 29 (Fall 2005).
Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering, 64 Ohio State Law Journal 1315 (2003).
My Last Lecture: More Unsolicited Advice for Future and Current Lawyers, 2015 Journal of Dispute Resolution 317.
The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering, 25 Ohio State Journal on Dispute Resolution 247 (2010)(with Jean Sternlight).
Solving Professors’ Dilemmas about Prohibiting or Promoting Student AI Use, SSRN (2025).
Faculty Use of Artificial Intelligence in Teaching, SSRN (2025).
Teaching with AI: Insights from a Faculty Focus Group, SSRN (2025).
De-Skilling or Re-Skilling? The Case for Smarter Assignments, SSRN (2025).
Getting Help from AI to Update Your Syllabus (Even If You Think It’s Just Fine), SSRN (2025).
Teaching with AI – and Teaching Students to Use It Well, SSRN (2025).
Using AI to Promote Student Learning Through Preparation for and Reflection about Simulations, SSRN (2025).
Preparing Law Students for Real-World Practice, SSRN (2024).
Incorporating Real-World Legal Practice Into Law School Curricula, SSRN (2024).
The Case for Strategic Case Evaluation and Management Courses, SSRN (2024).
Taking Advantage of the NextGen Bar to Stimulate Changes in Legal Education, SSRN (2024).
It’s Time to Make Important Upgrades to Our Mediation Curriculum, SSRN (2024).
Law Schools Should Substantially Increase Instruction in Mediation Representation, SSRN (2024).
Creating Educational Value by Teaching Law Students to be Quasi-Mediators, SSRN (2024).
Model Mediation Course Syllabus With Teaching Notes, SSRN (2024).
The Case for Mediation Counseling and Advocacy Clinics and Externships, SSRN (2024).
The Legal Education, ADR, and Practical Problem-Solving (LEAPS) Project: History and Content, SSRN (2024).
Reforming Legal Education to Prepare Law Students Optimally for Real-World Practice, 2013 Journal of Dispute Resolution 1.
Lessons from Teaching Students to Negotiate Like a Lawyer, 15 Cardozo Journal of Conflict Resolution 1 (2013).
Principles for Designing Negotiation Instruction, 33 Hamline Journal of Public Law and Policy 299 (2012) (with Ximena Bustamante, Jay Folberg, and Joel Lee) (adapted from a chapter in Educating Negotiators in a Connected World (Christopher Honeyman, James R. Coben & Andrew Wei-Min Lee, eds., 2013)).
Suggestions for Using Multi-Stage Simulations in Law School Courses, SSRN (2013).
Teaching Students to Negotiate Like a Lawyer, 39 Washington University Journal of Law and Policy 109 (2012).
Choosing to Use Good Language in the “ADR” Field, SSRN (2025).
The Importance of Really Listening – For Ourselves, Others, and Democracy, SSRN (2023).
For Pragmatic Romanticism in Law and Dispute Resolution: Reflections on Galanter’s Remarkably Realistic Analysis of Why the Have-Nots Come Out Behind, in Discussions in Dispute Resolution (Art Hinshaw, Andrea Kupfer Schneider & Sarah Rudolph Cole, eds., 2021).
The Role of Law in Legal Disputes, SSRN (2021).
Introversion, the Legal Profession, and Dispute Resolution, SSRN (2021).
The Dispute Resolution Movement Needs Good Theories of Change, 2020 Journal of Dispute Resolution 121.
The Revolution in Family Law Dispute Resolution, 24 Journal of the American Academy of Matrimonial Lawyers 411 (2012).
An Appreciation of Marc Galanter’s Scholarship, 71 Law and Contemporary Problems 147 (Spring 2008).
Private Courts and Public Authority, 12 Studies in Law, Politics, and Society 393 (1992) (with Marc Galanter).
For additional publications, see my SSRN page and Indisputably blog posts.