Here is a collection of mediation and arbitration articles by Judge Michael Marcus.

ARBITRATION INSIGHT NO. 1 - WHEN DISCLOSURES BY NEUTRAL ARBITRATORS ARE REQUIRED

ARBITRATION INSIGHT NO. 2 - MATTERS THAT MUST BE DISCLOSED BY NEUTRAL ARBITRATORS

ARBITRATION INSIGHT NO. 3 - TRIAL DEMAND AFTER FEE ARBITRATION IS STRICTLY CONSTRUED

ARBITRATION INSIGHT NO. 4 - ARBITRATION CLAUSE UNCONSCIONABILITY

ARBITRATION INSIGHT NO. 5 - ARBITRATION AWARD NOT REVIEWABLE FOR ERRORS OF LAW

ARBITRATION INSIGHT NO. 6 - LEGAL ERRORS IN ARBITRATION CANNOT BE REVIEWED (PART II)

ARBITRATION INSIGHT NO. 7 - THREE EASY STEPS TO A SUCCESSFUL ARBITRATION

ARBITRATION INSIGHT NO. 8 - UNCONSCIONABILITY IN EMPLOYMENT ARBITRATION CLAUSES

ARBITRATION INSIGHT NO. 9 - A LIMITATIONS DEFENSE IS FOR ARBITRATORS TO DECIDE

ARBITRATION INSIGHT NO. 10 - THE PRELIMINARY HEARING

ARBITRATION INSIGHT NO. 11 - THE FEDERAL ARBITRATION ACT AND LOCAL ARBITRATIONS

ARBITRATION INSIGHT NO. 12 - THE TIMING OF AN ARBITRATOR’S DISCLOSURE OBLIGATIONS

ARBITRATION INSIGHT NO. 13 - EQUITABLE DEFENSES AND WRITTEN FINDINGS

ARBITRATION INSIGHT NO. 14 - PARTIES MAY EXPRESSLY AGREE TO JUDICIAL REVIEW OF AN ARBITRATION AWARD

MEDIATION MESSAGE NO. 1 - CLIENT PREPARATION

MEDIATION MESSAGE NO. 2 - THE MEDIATION BRIEF

MEDIATION MESSAGE NO. 3 - OPENING STATEMENT V. PRELIMINARY REMARKS

MEDIATION MESSAGE NO. 4 - AGGREGATE SETTLEMENTS

MEDIATION MESSAGE NO. 5 - BODY LANGUAGE

MEDIATION MESSAGE NO. 6 - RECOVERY OF MEDIATION COSTS

MEDIATION MESSAGE NO. 7 - APPEARANCES AT MEDIATIONS

MEDIATION MESSAGE NO. 8 - JURY INSTRUCTIONS

MEDIATION MESSAGE NO. 9 - DEMONSTRATIVE EVIDENCE

MEDIATION MESSAGE NO. 10 - THE “SMOKING GUN”

MEDIATION MESSAGE NO. 12 - MEDIATION IS A DYNAMIC PROCESS

MEDIATION MESSAGE NO. 13 - THE OPENING OFFER

MEDIATION MESSAGE NO. 14 - WHO GOES FIRST?

MEDIATION MESSAGE NO. 15 - QUESTIONS TO CONSIDER BEFORE COMMENCING A MEDIATION

MEDIATION MESSAGE NO. 16 - TO BRIEF OR NOT TO BRIEF

MEDIATION MESSAGE NO. 17 - MEDIATION CONFIDENTIALITY UPDATED

MEDIATION MESSAGE NO. 18 - THE LAST-MINUTE DEAL BREAKER

MEDIATION MESSAGE NO. 19 - MEDIATIONS AND THE FIVE-YEAR RULE

MEDIATION MESSAGE NO. 20 - TAX RELIEF IN DISCRIMINATION CASES

MEDIATION MESSAGE NO. 21 - ENFORCEMENT OF MEDIATION SETTLEMENT AGREEMENTS

MEDIATION MESSAGE NO. 22 - DISCUSSING MEDIATION AND SETTLEMENT WITH CLIENTS

MEDIATION MESSAGE NO. 23 - TAX RELIEF IN DISCRIMINATION CASES, PART II

MEDIATION MESSAGE NO. 24 - THE ROLE OF MEDIATORS AND “PARTICIPANT” CONFIDENTIALITY

MEDIATION MESSAGE NO. 25 - SOMETIMES A CLIENT NEED NOT SIGN THE SETTLEMENT

MEDIATION MESSAGE NO. 26 - HOSPITAL LIENS REQUIRE AN UNDERLYING DEBT

MEDIATION MESSAGE NO. 28 - ENFORCEMENT OF MEDIATION SETTLEMENT AGREEMENTS (PART II)

MEDIATION MESSAGE NO. 29 - TAKING CARE OF THE CLIENT AT MEDIATION

MEDIATION MESSAGE NO. 30 - SUPPORT PEOPLE AT MEDIATIONS

MEDIATION MESSAGE NO. 31 - WHO SHALL BE THE CLIENT'S REPRESENTATIVE?

MEDIATION MESSAGE NO. 33 - BREAKING AN IMPASSE AT MEDIATION

MEDIATION MESSAGE NO. 34 - MISREPRESENTATIONS AT SETTLEMENT V. AT MEDIATION

MEDIATION MESSAGE NO. 35 - THE JOINT CAUCUS – WHEN SHOULD IT TAKE PLACE?

MEDIATION MESSAGE NO. 36 - GUIDELINES FOR CONDUCTING THE JOINT CAUCUS

MEDIATION MESSAGE NO. 37 - ENFORCING MEDIATION AGREEMENTS (PART IV)

MEDIATION MESSAGE NO. 38 - ATTENDANCE, PARTICIPATION LISTS AND MEDIATION STATEMENTS

MEDIATION MESSAGE NO. 39 - MEDIATION CONFIDENTIALITY APPLIES TO ANY WRITING OR STATEMENT THAT WOULD NOT HAVE EXISTED BUT FOR A MEDIATION COMMUNICATION

MEDIATION MESSAGE NO. 40 - FEE SHARING BY ATTORNEYS WITH CLIENTS IN EMPLOYMENT CASES

MEDIATION MESSAGE NO. 41 - LIMITATIONS ON TRIAL COURTS IN ORDERING MEDIATIONS

MEDIATION MESSAGE NO. 42 - APPROACH MEDIATION AS IF IT WERE A COURT TRIAL

MEDIATION MESSAGE NO. 43 - THE WORDING OF A C.C.P. SECTION 998 OFFER TO COMPROMISE

MEDIATION MESSAGE NO. 44 - JUDICIAL COUNCIL PRELIMINARY DRAFT STANDARDS FOR COURT-CONNECTED MEDIATORS

MEDIATION MESSAGE NO. 45 - CREATING AN ENFORCEABLE MEDIATION SETTLEMENT AGREEMENT

APPROACH MEDIATION LIKE IT'S A COURT TRIAL

ETHICAL PITFALLS FOR THE SINGLE OR SMALL OFFICE PRACTITIONER

ETHICAL ISSUES IN MEDIATIONS

CIVILITY GUIDELINES

MEDIATION – WHY IT WORKS AND HOW TO USE IT EFFECTIVELY

ETHICAL ISSUES IN MEDIATIONS AND ARBITRATIONS