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Joseph McMahon, Arbitration and Mediation | Publications, Lectures

Publications

  • (co authored with Dr. Alan Fowler and Elizabeth Field) Conflict Within International Nonprofit Development Organisations: Expressions, Origins, Capabilities and Remedies, to be published in the 12th International Conference Working Paper Series of the Institute for Third Sector Research, 2017
  • The Technical Working Group Process – A Collaborative Approach to Long-Term Reclamation Concepts at the Questa Mine, 2016, co-author with Judith L. Bolis, P.E., Daniel D. Overton, P.E., Denise C. Garcia, P.G., presented at the Tailings and Mine Waste 2016, Keystone, CO.
  • “Can We Communicate More Concisely?” The Docket, July-August 2016
  • “Thoughtfully Addressing Water Conflict,” Colo. State University – Colorado Water (to be published 2014).
  • Distinguishing “Evaluation” from “Prediction” in Commercial Mediation, ACResolution, Winter, 2014.
  • 10 Considerations Before You File That Complaint, May 2013, Denver Bar Assn., The Docket.
  • Decision Errors in Settlement and Mediation, The Colorado Lawyer, April 2013, Vol. 42, No. 4
  • Contributing author to Mediation, A Training and Resource Guide for the Mediator, edited by B. Bullen, Trafford Publ., 2013
  • Author, Moving from Mediation to Multiparty Facilitative Processes, 5th Annual Colorado Statewide ADR Conference, 2012.
  • Who is the Boss? Behavioural Guidance for the Practitioner in Complex Capacity-Development Settings, in Capacity Development in Practice, Earthscan, Washington, 2010.
  • Self-Assessment of a Multi-Stakeholder Collaborative Process. Findings and Lessons from a Survey of a Consortium for the Enhanced Livelihoods in the Mandera Triangle (ELMT) and Enhanced Livelihoods in Southern Ethiopia (ELSE) Program 2007-2009. Consortium Survey Report (with A. Fowler) 2010.
  • Moving Mediation Back Toward Its Historic Roots, The Colorado Lawyer, June 2008.
  • Contributing author, Ensuring Successful Partnerships, A Toolkit, InterAction, 2006.
  • Troubling Trends – Focus on Counter-Terrorism Strategies, Au Courant (Canadian Council for International Cooperation), Spring 2006, Vol 14, #1 (with A. Fowler)
  • Using Joint Technical Teams to Simplify Settlement Negotiations And Mediation, The Colorado Lawyer, June 2005.
  • Co-author with Ken Caplan and Barbara Evans, The Partnership Paperchase, Structuring Partnerships Agreements in Water and Sanitation in Low-Income Countries, BPD Water and Sanitation, September 2004.
  • A Role for Partnership Facilitation, Negotiating Goodbye While Saying Hello, Vol 9, No 2, Alliance, June 2004.
  • Co-author with EM Thiessen, Beyond Win-Win in Cyberspace, discussion of resolution of environmental disputes using “negotiation support systems” and facilitation, The Ohio State Journal of Dispute Resolution (15 Ohio S. J. of Disp. Res. 643 (1999)).
  • Author of Annual Summary of ADR Law-1999 and 2000, Colorado Bar Associations’ Annual Summary of Law.
  • Co-Author, Selecting a Securities Mediator: Exercising Your Options, ABA Securities News, Fall 1997.
  • Negotiating and Drafting Agreements-Lessons from the Courthouse, 41 Proceedings of the Rocky Mountain Mineral Law Institute 4-1 (1995).

Lectures

  • Panelist, “Ethics in Mediation,” 8th Annual Colorado ADR Conference, November, 2014
  • Panelist, Colorado Bar (ADR and Business Sections). “Drafting Arbitration Clauses,” July 2014.
  • Facilitator, “Arbitration: The Art and Skill of Lawyering,” Colorado Bar Assn., June 2014.
  • Facilitator, “The Art and Skill of Lawyering,” Univ. of Colorado Law School, March 2014.
  • Presenter, “What is the best role for the ADR Neutral?” Colo. Bar ADR Section, Denver, February 7, 2014.
  • Presenter, “Facilitating Large Group Processes,” Colorado 7th Annual ADR Conf., Denver, CO., Oct., 2013.
  • Program chair/facilitator, “Transactions-The Art and Skill of Lawyering,” Colorado Bar Assn., Oct., 2013.
  • Program chair/facilitator, “The Art and Skill of Lawyering,” Colorado Bar Assn., May, 2013.
  • Presenter-facilitator, “Lessons from the Edwards Aquifer ESA Process,” Florida Springs Institute, March 2013.
  • Presenter-trainer, “Facilitating Large Group Processes,” Colorado Judicial Dept., February 2013,
  • Facilitator/presenter, “What Are the Proper Relationships Among Litigation, Arbitration and Mediation,” Colorado Bar Assn, ADR Section, February, 2013.
  • Presenter, “Mediator Roles,” Mediation Association of Colorado, 2012.
  • Co-presenter, “Moving Mediation Back to Its Historic Roots,” The Continuing Legal Education Society of British Columbia, Vancouver, 2012.
  • Co-Presenter, “When Should We Seek Consensus/When Not?,” Assoc. of Conflict Resolution, Environment and Public Policy Section 2011 Conference, Portland.
  • Presenter, “We Only See What We Want to See,” 4th Annual Colorado Statewide ADR Conference, 2011.
  • Co-presenter, “Transposing Deal Making Techniques to Transactional Dispute Resolution,” ABA Dispute Resolution Section, 13th Annual Spring Conference, April, 2010.
  • Presenter, “Assessing and Improving Levels of Party Engagement in ADR,” 3rd Annual Colorado Statewide ADR Conference, 2010.
  • “What factors determine the quality of collaborative processes?” (workshop), USEPA Community Involvement Training Conf., Seattle, WA, August, 2009.
  • “Engineers’ Guide to Arbitration, Mediation and Conflict Resolution,” co-presenter, American Council of Engineering Companies of Colorado, April 2009.
  • “Urban Regional Governance: the challenges of voluntary and mandatory approaches,” co-presenter, 18th Rocky Mountain Land Use Institute Conference, March 2009.
  • “Why Do Large Group Processes Go Badly?” Co-presenter, Environmental Conflict Resolution 2008, Tucson, May 2008.
  • “Approaches for Managing Large Multi-party Cases When Think Start to Go Wrong, ” co-facilitator, Environmental Conflict Resolution 2008, Tucson, May 2008.
  • “Assessing Environmental ADR and Improving Your Own Conflict Skills,” Annual NEPA Conference, Denver, December 2007.
  • “Conflict Processes of 2007: Is This As Good As It Gets?” Has Dispute Resolution Failed to Reach its Potential? 1st Annual Colorado Statewide ADR Conference, 2007.
  • “Using Conflict Assessments in Environmental Conflict Resolution,” 4th Annual NEPA Conference, Denver, January 2007.
  • “Endangered Species Act Meets Environmental Conflict Resolution,” 11th Annual ESA Conference, Tucson, November, 2005.
  • “Mediating Land Use Disputes,” lecturer, Colorado Municipal League 81st Annual Conference, Pueblo, CO., June 2003.
  • “Interest-based Bargaining in Environmental Disputes,” Rocky Mountain Association of Environmental Professionals, May 2001.
  • “Interest-based Bargaining in Environmental Disputes,” Colorado Bar. Assn., Environmental Law Section, January 2001.
  • “Ethics in Environmental Negotiation,” Colorado Bar Assn., Environmental Law Section, December 1999.
  • “Lawyer as Problem Solver,” Law Society of Upper Canada, Toronto, April, 2007
  • “Transactional Lawyer as Manager of Conflict,” Colorado Bar Assn, Business, Tax and ADR sections, Denver, CO., May 2007.
  • “Using Conflict Assessments in Environmental ADR,” CLE Intl. 4th Annual NEPA Conference, Denver, January, 2007.
  • “Using Conflict Assessments in Power Disputes,” BPA Legal Dept, Portland, Oct., 2006
  • “Engaging Attorneys and Clients in Interest-Based Bargaining,” co-facilitator, ABA 6th Annual Dispute Resolution Section Conference, NY, NY, April 2004.
  • “Confidentiality in ADR: Challenges and Emerging Solutions,” Panel Member, ACR Annual Convention, San Diego, August 2002.
  • “Using Technical Teams in Mediation and Settlement,” Colorado Bar Assn., ADR Section, Denver, May, 2005.
  • “Better Negotiations and Smarter Settlements,” Colorado Bar Association, January, 2001
  • “Guiding Institutions Through Conflict; Moving from Litigation to Mutual Gains Bargaining,” ABA Dispute Resolution Conference, San Francisco, April 2000.
  • “Online Dispute Resolution, Harnessing the Internet to Efficiently and Effectively Resolve Disputes,” October, 2000, Phoenix, Arizona.

Rev March 23, 2014