Throughout her over 25 years of experience as a Mediator & Lawyer, Deborah Lynn Zutter has written for various respected publications in the Mediation and Legal professions:

(To view an individual article, please select the article title)

March, 2007
"What's Special About Family Mediation? Surely any mediator - or lawyer - can mediate family disputes" 3 Page PDF
The Roster Report, Issues 15, March 2007
Let's start with "mediation" and the tension between legal training and mediator orientation...

December, 2006
"Disputants must be prepared for mediation" Section 1 PDF Section 2 PDF
THE LAWYERS WEEKLY December 15, 2006
When disputants and their lawyers are well-prepared for mediation, they are confident, the likelihood of reaching a win/win olution increases, client satisfaction soars and mediation participants begin moving toward settle ment at the joint mediation meeting sooner.

November, 2005
"10 Tips to Reduce the Costs of Marcie and Leo’s Divorce"

Leo and Marcie were married in 1985 at Niagra Falls. They met at university. Leo is an engineer and is employed with a national corporation. Marcie teaches acting at one of the local colleges. They have two children: Katherine is completing grade 12; Timmy is finishing grade 9. Katherine has been accepted at the University of Victoria. They own their own home and Marcie and Leo each have employment pensions. They are both good parents, in their own ways.

March, 2004

"Leading the Process"
INTERACTION, Volume 16
How does what happens before the joint mediation meeting impact this process? In recent years, I have commenced most of my mediations using separate, in-person preliminary conferences with each disputant.

July, 2003
"HOW DO YOU PREPARE FOR "YES"?: A Study of the Effectiveness of Pre-Mediation Activities"
MASTER OF LAWS THESIS, Bond University School of Law
Original research outcomes into preliminary mediation practices in Australia and Canada are reported. In particluar, the data suggests answers to the question: What activities are effective from the perspective of disputants?

January, 2003
"Why Do Some Setlle Before Mediation?"
THE LAWYERS WEEKLY
As there is no statistically supported research illuminating this phenomenon, we are left with educated hunches. While critically assessing one's case in preparation for mediation may make resolution compelling, there are other possible explanations for early settlement.

March, 2002
"Challenging Observations in Brisbane"
RESOLVE, Family Mediation Canada
Imagine a large interior room with five desks facing the walls, each with
a computer and hands-free telephone separated by five-foot high dividers.
Add a large table in one corner with seating for six. Keep the centre
of the room open. Now think "Mediation".

July, 2002
"Prepare, Prepare, Prepare"
Possibilities/Possibilités, National ADR Section, CBA
Clients are more satisfied and have higher success rates when they are well-prepared for mediation.

March 2002
"Mediation in the Shadow of Abuse - An Update"
Family Law Quarterly
The debate continues over whether it is appropriate to mediate in the face of spousal abuse. The reality is that family mediation does take place in abusive relationships, at times with the abuse unrecognized by the mediator.

March, 2002
"Negotiation "
Family Law Quarterly
Every lawyer negotiates daily. In fact, statistics demonstrate that fewer than 5% of actions commenced by filing in court registries are actually concluded by trial. Surely this means that lawyers are effective negotiators. Perhaps.

June 1, 2001
"Lawyers, mediators must screen for abuse in family mediation"

The Lawyers Weekly
The debate continues over whether it is appropriate to mediate in the face of spousal abuse. The reality is that family mediation does take place in abusive relationships, at times with the abuse unrecognized by both the mediator and legal counsel.

December, 2001
"Incorporating ADR into Canadian Civil Litigation"
Bond Law Review, University of Bond, School of Law, Queensland, Australia
This article describes four current provincial developments in civil, court-connected mediation within Canada. The nature of Canada's constitution has resulted in civil court processes, and their linked dispute resolution initiatives, being organized on a province-by-province basis.

August 2, 2001
"Research Findings Support Holding Preliminary Conferences"
The Lawyers Weekly
There is a significant positive correlation between holding a preliminary conference and reaching a resolution of the dispute at mediation.

July 2000
"Moving towards resolution during intake"
Possibilities/Possibilités, National ADR Section, CBA
Australia's National Alternative Dispute Resolution Advisory Council has observed that each dispute resolution provider has a unique opportunity, through ADR, to assess and develop a service to accommodate the needs of users.

September, 2000
"Yet another way to get parties to the table"
The A.D.R. Bulletin
Courts and legislatures have developed a variety of methods to encourage parties in a court action to participate in mediation. Some of these methods are persuasive, others are mandatory. In 1998, the British Columbia Attorney General introduced the Notice to Mediate (NM).

January 21, 2000
"Mediation in conflicts involving the elderly requires a special approach"
The Lawyers Weekly
Our population is aging. There are - and will continue to be - many conflicts in which an elderly person is central.

January 29, 1999
"Estate disputes ideal for mediation"
The Lawyers Weekly
Mediation is a natural for estate conflicts and misunderstandings that are often multi-generational and emotionally charged.