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Published Works

Former Chief Justice Warren Burger observed that the American judicial system “is too costly, too lengthy, too destructive, too inefficient for a civilized people.” With this premise in mind, Calkins and his former partner Fred Lane, developed a mediation process designed to eliminate the adversarial setting found in the courtroom, emphasizing support rather than confrontation, understanding rather than distrust, and peace rather than victory. Calkins has written extensively on mediation practices.

Mediation Practice Guide

Lane and Calkins Mediation Practice Guide (now in Fifth Edition)

What distinguishes this work from other books on mediation is, first, it sets out in detail the caucus format of mediation so that the reader has a clear understanding of the process involved. Second, it rejects the “devil’s advocate” approach to problem-solving which can be highly confrontational, and adopts the “peacemaker” approach, which eliminates the adversarial character of the courtroom. Third, it discusses the qualities of the peacemaker and the techniques available to him to bring the parties to resolution. Fourth, it emphasizes the need to establish peace and healing as much as resolution.

https://my.isba.org/store/detail.aspx?id=MPG22

Mediation Practice

Developing a Mediation Practice

http://calkinsmediation.com/STARTING_A_MEDIATION_PRACTICE.pdf

Law Review Article

CAUCUS MEDIATION— PUTTING CONCILIATION BACK INTO THE PROCESS:  THE PEACEMAKING APPROACH TO RESOLUTION, PEACE, AND HEALING by Richard M. Calkins

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Books by Calkins: 

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Advanced Settlement Techniques, ISBA 2023.

Practical Psychology of Mediation,  ISBA 2022.

Lane & Calkins ​Mediation Practice Guide, Fifth Edition, ISBA 2022.

Guilty Beyond a Reasonable Doubt, Amazon 2016.

So You Want To Be A Mediator: Eight Steps to Becoming a Peacemaker in Your Home, Place of Worship, At Work, & in the Community, Amazon 2016.

Chronicles of an American Mediator, Amazon 2016.

Antitrust Guidelines For The Business Executive, Dow Jones-Irwin 1981.

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Published articles include:

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  • 63 Michigan L. Review 455, "Grand Jury Secrecy"

  • 59 Northwestern University Law Review 577, "Grand Jury Secrecy Under the Illinois Criminal Code - Unconstitutional"

  • 1966 Illinois Law Forum 423, "Abolition of the Grand Jury Indictment in Illinois"

  • 41 University of Detroit Law Journal 305, "Criminal Justice for the Indigent"

  • 1 The John Marshall Journal of Practice and Procedure, "The Fading Myth of Grand Jury Secrecy"

  • July 1965 Law Notes, Young Lawyers Section of the American Bar Association, Defense Counsel's Request for Grand Jury Minutes"

  • 30 Drake Law Review I, "Intrabrand Territorial Allocations and the per se Rule"

  • 41 Southern California Law Review 816, "Legislative Improvements of the State Criminal Process"

  • 38 Drake University Law Review, "Patent Law: The Impact of the 1988 Patent Misuse Reform Act and Noerr Pennington Doctrine on Misuse Defenses and Antitrust Counterclaims"

  • 41 South Dakota Law Review, "Mediation: The Gentler Way"

  • 53 Northwestern University Law Review 79, "Jurisdiction Over Nonresidents Under Section 17 of the Illinois Civil Practice Act"

  • 54 Northwestern University Law Review 211, "The Full Faith and Credit Clause Reanalyzed: The Finality Doctrine Denounced - Judicial Proceedings Redefined"

  • 40 Illinois Bar Journal, "Qualities of a Successful Mediator" 594 (2002)

  • 6 Rutgers Conflict Resolution Law Journal, "The ADR Revolution" 1 (2008)

  • 3 World Arbitration & Mediation Review, "Finding Creative Solutions in ADR" 69 (2009)

  • 58 Drake Law Review, "The Radical Change from Courtroom to Conference Table" 357 (2010)

  • 40 International Trade and Business Law Review 1 (2011)

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