Michael Moffitt: Publications
Full Length Law Review Articles
Islands, Vitamins, Salt, Germs: Four Visions of the Future of ADR in Law Schools, 25 Ohio State Journal on Dispute Resolution 25 (2010).
Three Things to Be Against ("Settlement" Not Included), 78 Fordham Law Review 1203 (2009).
The Four Ways to Assure Mediator Quality (and why none of them work), 24 Ohio State Journal on Dispute Resolution 191 (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
Commentary: The Overconfident Disputant in Practical Ethics for Mediators (Ellen Waldman, ed., forthcoming 2010).
Before the Big Bang: The Making of an ADR Pioneer, 22 Negotiation Journal 437 (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.) (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.) (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.) (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).
Dispute Resolution: Examples & Explanations, co-authored with Andrea Kupfer Schneider (Aspen 2008) (2d ed. Aspen 2011).
The Handbook of Dispute Resolution, edited with Robert C. Bordone (Jossey-Bass 2005).
Which is Better, Food or Water? The Rule of Law or ADR?, Dispute Resolution Magazine 8 (2010).
Iqbal and Settlement, 114 Penn St. L. Rev. Penn Statim 51 (2010).
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 (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).