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David’s Articles and Publications

The following is a partial list of publications in reverse chronological order. Visitors to this website may download and print copies of these items for personal use, by clicking on the title. (If you have any difficulty accessing a document, please contact us.) Please see our terms of use page if you wish to make additional copies of these materials or use them commercially. Thanks!

Books

Mediation: A Practice Guide for Mediators, Lawyers, and Other Professionals (Massachusetts Continuing Legal Education, 2013) (with contributing authors Israela Brill-Cass, Nicole DiPentima, Annie O’Connell, Katherine Triantafillou, and Richard Wolman). For a review of this book by Les Wallerstein from the Massachusetts Lawyer’s Weekly, click here. For a review by David Matz, click here.

Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution (with co-editor Daniel Bowling) (Jossey-Bass/Wiley, 2003)

Bringing Peace into the Room is available from Barnes & Noble or Amazon.

For a copy of the Introduction of the book, click here.

Massachusetts Alternative Dispute Resolution (2 vols.) (Michie/Butterworth Legal Publishers, 1994, 1996) (with co-author David Matz)

To order a copy of the book, contact us.  In the meantime, you may view a copy of chapter 8 (Mediation) and chapter 10 (Arbitration) here.

Book Chapters

A Mediator’s Path, in Evolution of a Field: Personal Histories in Conflict Resolution (H. Gadlin & N. Welsh, eds. 2020)

Lawyers as Peacemakers.  Really?!?  Yes, Really, in Building a Successful Collaborative Family Law Practice (eds. Forrest S. Mosten and Adam B. Cordover, 2018).

Mediating Family Business Disputes: A Primer for Clients, Family Business Advisors and Other Professionals, in Sustaining Family Enterprise (ed. Richard Narva, 2016)

Cultural and Diversity Issues in Mediation and Negotiation, in The Massachusetts General Hospital Guide to Cultural Sensitivity and Diversity in Mental Health (ed. Ranna Parekh, 2013) (with co-author Katherine Triantafillou)

The Whistleblower: Mediating an Employment Termination Dispute, in Stories Mediators Tell (eds. Eric R. Galton & Lela P. Love, 2012)

Cooperative Negotiation Agreements: Using Contracts to Make a Safe Place for a Difficult Conversation, in Innovations in Family Law Practice (eds. K.B. Olson & N. VerSteegh) (Association of Family and Conciliation Courts, 2008)

Collaborative Family Law, in MCLE Family Law Manual (with co-author Rita Pollak and commentary by Hon. Eileen Shaevel (ret.)) (2002)

Collaborative Law and the Use of Settlement Counsel, in Alternative Dispute Resolution Practice Guide (with-co-author Pauline Tesler) (eds. Bette J. Roth, Randall L. Wulff & Charles A. Cooper) (West Publishing 2002)

David Hoffman, chapter in ADR Practice in ADR Personalities and Practice Tips (ABA Press 1998) (a description of launching a mediation practice one of 23 profiles of work-a-day mediators)

Alternatives to Litigation, in Superior Court Civil Practice Manual (Massachusetts Continuing Legal Education 1997)

Privacy in the Workplace, in Drafting Employment Documents in Massachusetts (Massachusetts Continuing Legal Education 1996) (with co-authors Peter Katz and Sarah Arnholz)

Articles
Law as a Spiritual Practice, Boston Law Collaborative blog (May 1, 2022)

New Year’s Resolution: Combatting Climate Change, Boston Law Collaborative blog (January 1, 2022)

Should Mediators Draft Settlement Agreements? The Impact of Reid v. Kroll,Massachusetts Lawyers Weekly 39 (March 14, 2022)

“Teaching Diversity at Harvard Law School Or: The education of a straight, white, cisgender, male, able-bodied, upper-middle-class lecturer on law”,27 ABA Dispute Resolution Magazine 24 (2021)

“To Disclose or Not to Disclose: That is the Question in Collaborative Law”,  58 Court Rev. 83 (2020) (in press) (with co-author Andrew Schepard)

“Transformation as a Lawyer,in the Outlook, the journal of the Foundation for Self Leadership (September 2019)

“Book Review: Moving Forward: An Ancient Divorce Ritual for the Modern World”, by Marilyn Beloff18 Collaborative Rev. 33 (2019)

“Opinion: Fair and Square: Helping Divorcing Couples Divide Belongings”, Massachusetts Lawyers Weekly (November 29, 2018)

“Making the Case for Med-Arb”, ACResolution Magazine (January 2018)

“The Computer Heist: How an Unusual Mediation Recovered from its Rocky Beginnings”, 35 ALTERNATIVES 1 (May 2017)

“Op-ed: Saying goodbye to the courtroom”, BOSTON GLOBE, August 29, 2016

Mediator as Village Elder, ACResolution Magazine (Summer 2015)

What the #@!* Are They Fighting About?!? – Reflections on Fairness, Identity, Social Capital, and Peacemaking in Family Conflicts, 53 Family Court Review 506 (October 2015)

The Art of Asking Questions, International Academy of Mediators blog (July 30, 2015)

Divorce Corp’ Documentary Takes Unfair Aim at Family Court Judges and Lawyers,”Massachusetts Lawyers Weekly (January 13, 2014)

The Psychology of Mediation,” 14 Cardozo Journal of Conflict Resolution 759 (2013) (with co-author Dr. Richard Wolman)

Blog Post,”The Mediator as Moral Witness,” Harvard Negotiation Law Review (April 17, 2013)

Frank Sander – Mentor to the Field of Dispute Resolution,” 19 Dispute Resolution Magazine 14 (Fall 2012) (with co-author Michael Moffitt)

Op-Ed: Mediators can break political impasse in Washington, Christian Science Monitor (August 24, 2011)

“Mediation as a Spiritual Practice” (with co-author Dr. Richard Wolman), published at www.Mediate.com

Mediation, Multiple Minds and Managing the Negotiation Within,” 16 Harvard Negotiation Law Review 297 (2011)

Mediation and the Art of Shuttle Diplomacy,”27 Negotiation Journal 263 (2011)

Regulating Collaborative Law: The Uniform Collaborative Law Act Takes Shape  (with co-author Prof. Andrew Schepard), 17 Dispute Resolution Magazine 26 (Fall 2010)

Foreward, in Nancy Fishman, Seven Steps to a Good Divorce: Making Smart Decisions (2010)

“Building Bridges to Resolve Conflict and Overcome the “Prisoner’s Dilemma”: The Vital Role of Professional Relationships in the Collaborative Law Process” (with co-author Dawn Ash) 2010 Journal of Dispute Resolution 271-96 (2010)

“Op-ed: Divorce is costly – the settlement need not be,” Christian Science Monitor (July 30, 2010)

Introduction, in Pauline Tesler, Collaborative Law: Achieving Effective Resolution in Divorce Without Litigation (2d ed. 2008)

“The Future of ADR: Professionalization, Spirituality, and the Internet,” Dispute Resolution Magazine (Summer 2008)

Microsoft and Yahoo: Where Were the Mediators? It works for countries and couples. Why not businesses. Christian Science Monitor, May 12, 2008 (op-ed)

“Colliding Worlds of Dispute Resolution: Towards a Unified Field Theory of ADR,” 2008 Dispute Resolution Journal 11 (2008)

“Leveling the Playing Field for Workplace Neutrals: A Proposal for Achieving Racial and Ethnic Diversity,” Dispute Resolution Journal (February/April 2008) (with co-author Lamont Stallworth)

A healing approach to the law: Collaborative law does not have to be an oxymoron, Christian Science Monitor, October 9, 2007 (op-ed)

“Exploring the Boundaries and Terrain of ADR Practice: Mediation, Arbitration, and Collaborative Law,” 14 Dispute Resolution Magazine 6 (Fall 2007)

“Communicating Collaboratively in Cyberspace: What Couples Counselors Can Teach Us about Email,” Collaborative Law Journal (Fall 2007)

“The Future of ADR Practice: Three Hopes, Three Fears, and Three Predictions,” Negotiation Journal 467 (October 2006)

“Book Review: The Blackwell Handbook of Mediation: Bridging Theory, Research, and Practice,” ACResolution Magazine 6-7 (Summer 2006)

“Collaborative Law: A Practictioner’s Perspective,” ABA Dispute Resolution Magazine, Fall 2005.

“Collaborative Law: A Small Group of Thoughtful, Committed People, but Growing Larger Every Day,” ACResolution, Fall 2005 (book review)

“Mediation and the Meaning of Life,” ABA Dispute Resolution Magazine, Summer 2005

“The Uniform Mediation Act: Upgrading Confidentiality in Mediation,”Massachusetts Lawyers Weekly (July 18, 2005)  (with co-author Vicki Shemin)

“Courts and ADR: A Symbiotic Relationship,” ABA Dispute Resolution Magazine, Spring 2005

“Why Do We Care About Diversity,” ABA Dispute Resolution Magazine, Winter 2004

“Collaborative Law in the World of Business,” Collaborative Review, Winter 2004

“Walking the Talk,” ABA Dispute Resolution Magazine, Fall 2004

“Collaborative Law Agreements for Business Cases,” Collaborative Law Journal, Summer 2004 (with co-author Julie Hoyt)

“Multidisciplinary Practice: Three-Dimensional Client Service” Massachusetts Psychological Association’s publication, MassPsych Summer 2004

“The Uniform Mediation Act,” Journal of Dispute Resolution, Winter 2003 (an introduction to the Journal’s symposium issue on the UMA)

“Law firm’s demise serves as a wake-up call for profession,” Boston Globe, January 12, 2003 (page E4) (op-ed column about Hill & Barlow)

“Paradoxes of Mediation,” ABA Dispute Resolution Magazine (Fall/Winter 2002) (this is also reprinted in Bringing Peace into the Room)

“A Sabbatical Journey on the Appalachian Trail,” ACResolution, Spring 2002 (for further information about this hike, see https://hoffman-andrews.com/jacob-and-david-appalachian-trail/)

Book Review of Anita Robboy’s Aftermarriage: The Myth of Divorce Unspoken Marriage Agreements and Their Impact on Divorce, Boston Law Tribune, March 2002 (review of an excellent book about divorce)”

“Collaborative Family Law: Restoring Sanity to the Divorce Process,” 45 Mass. Psychological Ass’n Quarterly 15, Nov. 2001 (an overview, for mental health professionals and others)

2″Lawyers Who ‘Just Say No’ to Litigation,” Boston Globe, Focus Section, April 1, 2001 (with co-author James McGuire) (discusses collaborative law and the role of settlement counsel)”

“Employers and Employees Square Off Over Arbitration Decision,” Boston Business Journal, July 20, 2001 (with co-author Phyllis Segal) (discussed Circuit City and employment arbitration)

“Bringing Peace into the Room: The Personal Qualities of the Mediator and Their Impact on the Mediation,” 16 Negotiation Journal 5 (2000) (with co-author Daniel Bowling) (this article led to an invitation from Jossey-Bass to edit a book on this subject)

“Ten Principles of Mediation Ethics,”18 Alternatives 147 (September 2000), reprinted in Mediation: Approaches and Insights (Juris Publishing 2003) (a summary of basic principles)

“Mediation and the Unauthorized Practice of Law: Do Mediators Have a Well-Founded Fear of Prosecution?” 6 ABA Dispute Resolution Magazine 20 (2000) (with co-author Natasha Affolder) (short answer: yes)

“Collaborative Law’ Looks to Avoid Litigation,” 28 Massachusetts Lawyers Weekly 1989 (May 8, 2000) (with co-author Rita Pollak) (an overview and introduction)

“Being Peace,” Newsletter of the New England Chapter of the Society of Professionals in Dispute Resolution (May 2000)

“Coaching from the Sidelines: Effective Advocacy in Divorce Mediation,” 17 Massachusetts Family Law Journal 85 (1999) (with co-author Karen Tosh) (written for divorce lawyers and their clients who are considering mediation)

Is There a Niche for Lawyers in the Field of Mediation? 15 Negotiation Journal 107 (1999)

Infidelity and Divorce: Should Conduct Count? MASSACHUSETTS LAWYERS WEEKLY, April 26, 1999 (with co-author Karen Tosh)

“The Use of Apology in Employment Cases,” 1 Practical Dispute Resolution No. 2 (1999) (discusses apology in mediation and has applicability to non-employment cases)

“Confessions of a Problem-Solving Mediator,” 23 Society of Professionals in Dispute Resolution News 1 (Summer 1999) (an attempt to reconcile the principles of transformative mediation with the more evaluative style of mediation used by most commercial mediators)

“Work of the Heart,” Newsletter of the New England Chapter of the Society of Professionals in Dispute Resolution (July 1999)

Tools of the Trade: A Manual for the Settlement-Oriented Mediator, 2 Harvard Negotiation Law Review 229 (1997) (review of Dwight Golann, Mediating Legal Disputes)

“Certifying ADR Providers,” Boston Bar Journal (March 1996) (a point-counterpoint with Hon. Paul Garrity and a response to his argument that certification is unnecessary)

“How to Keep Your Company Out of Court,” Directorship (February 1996) (written for board directors and others involved in corporate governance)

How to Keep Your Clients Out of Court: New Methods of Dispute Resolution, Massachusetts CPA Review 13 (Spring 1995)

“Protecting Confidentiality in Mediation,” 23 Massachusetts Lawyers Weekly 1553, B2 (April 17 & May 8, 1995) (a summary of what’s protected and what’s not)

“The Death Penalty Is Not an Answer,” Boston Globe, June 4, 1995 (op-ed) (discussing the execution of Thomas Lee Ward) (reprinted in Congressional Rec

Drafting ADR Contract Provisions: A Checklist and Sample Clauses 22 Massachusetts Lawyers Weekly 921 (January 1994)

ADR: An Opportunity to Broaden the Shadow of the Law, 21 HUMAN RIGHTS 20 (Winter
1994)

Op-ed: Death Penalty Carries Moral, Fiscal Burdens, BOSTON HERALD 30 (March 14,
1993)

“The ABCs of ADR: A Glossary of Dispute Resolution Methods,” 21 Massachusetts Lawyers Weekly 5 (Sept. 6, 1993, Special Section)

Lawyer-Bashing, Litigation Costs and ADR, 21 Massachusetts Lawyers Weekly 563 (December 1992)

Dispositive Motions in Arbitration Proceedings, Arbitration Journal 51 (March 1992) (with co-author Carl Sapers)

The Massachusetts Civil Rights Acts: Recent Developments, Massachusetts Governmental Liability Reporter 78 (December 1989)

Attorney Subpoenas and Massachusetts Rule PF 15 (with co-authors David Kelston and
David Shaughnessy), MASSACHUSETTS LAW REVIEW 95 (Summer 1989)

Op-ed: A Muddle Over Drug Testing: Uncertainty Over Laws Leaves Employers Confused, Workers Disillusioned, BOSTON SUNDAY GLOBE (July 9, 1989)

Promises to Keep: The Right to Effective Assistance of Counsel MASSACHUSETTS LAW
REVIEW 28 (Spring 1989)

Op-ed: Bush’s Cramped Mainstream, BOSTON SUNDAY GLOBE (October 2, 1988)

Privileged Informers: The Attorney-Subpoena Problem and a Proposal for Reform, 136 University of Pennsylvania Law Review 1783 (1988) (with co-author Max Stern)

Book Review, The Politics Of Lawyering  (review of Arthur Kinoy, RIGHTS ON TRIAL: THE
ODYSSEY OF A PEOPLE’S LAWYER), 20 HARVARD CIVIL RIGHTS-CIVIL LIBERTIES LAW REVIEW,
No. 1 (Winter 1985)

“Challenge to Single-Sex Schools Under Equal Protection: Mississippi University for Women v Hogan”, 6 HARVARD WOMEN’S LAW JOURNAL 163, 173 (1983)

Book Note, Review of CYNTHIA FUCHS EPSTEIN, WOMEN IN LAW, 97 HARVARD LAW REVIEW
2001 (1983)

Case Comment, Standing to Seek Equitable Relief: City of Los Angeles v. Lyons, 97
HARVARD LAW REVIEW 215 (1983)

Note, Protecting Employees at Will Against Wrongful Discharge: The Public Policy Exception, 96 Harvard Law Review 1931 (1983)

Book Note, Review of ARYEH NEIER, ONLY JUDGMENT: THE LIMITS OF LITIGATION IN SOCIAL CHANGE, 96 HARVARD LAW REVIEW 1167 (1983)

ABA Dispute Resolution Section

Legal Educators Resource Share

YouTube and Other Videos in ADR Teaching

David A. Hoffman

Lecturer on Law, Harvard Law School

Mediator and Collaborative Law Attorney, Boston Law Collaborative, LLC

www.BLC.law

  1. Collaborative Law – simulations:
  1. Mediation – samples
  1. Diversity and Dispute Resolution