Professor of Law

Contact

  • Office: 120 Tremont St.,
  • Suite: 340-F
  • Phone: 617-573-8183
  • Fax: 617-305-3086
  • Email: dgolann@suffolk.edu

Degrees

  • BA, Amherst College
  • JD, Harvard University

    Teaching

  • Dispute Resolution
  • Financial Services

Biography

Professor Golann's areas of academic interest are dispute resolution and consumer financial services. He was a civil litigator before joining the Law School faculty, practicing with a Boston law firm and as Chief of Consumer Protection for the Massachusetts Attorney General. He later served as Chief of the Government Bureau and Trial Division for the Attorney General, directing the litigation and settlement of all cases against officials and agencies of the Commonwealth. Professor Golann has taught and lectured on dispute resolution widely across North America, Europe, and in China. He serves as a Distinguished Neutral at the CPR Institute of Dispute Resolution in New York, the ADR Center of Rome, the US-China Business Center in Beijing, and other organizations. He has been a Visiting Scholar at the Program on Negotiation at Harvard Law School, taught in the Program of Instruction for Lawyers at Harvard, and served as a visiting professor at several American law schools.

Professional Activities

Past Chairman of the Consumer Advisory Council to the Governors of the Federal Reserve; Past Chair of ADR programming for the Sections of Litigation and of Business Law of the American Bar Association; Past Chair of the Alternative Dispute Resolution Committee of the Boston Bar Association and the Executive Committee of the CPR Institute and the ADR Section of the American Association of Law Schools.

 

Publications

Books

SHARING A MEDIATOR'S POWERS: EFFECTIVE ADVOCACY IN SETTLEMENT (American Bar Association, 2013)

MEDIATION: THE ROLES OF ADVOCATE AND NEUTRAL (Aspen, 2d ed., 2011) (with Jay Folberg)

LAWYER NEGOTIATION: THEORY, PRACTICE AND LAW (Aspen, 2d ed., 2010) (with Jay Folberg)

TEACHER'S MANUAL FOR LAWYER NEGOTIATION (Aspen, 2010)

RESOLVING DISPUTES: THEORY, PRACTICE AND LAW (Aspen, 2d. ed., 2010) (co-authored with Jay Folberg, Thomas Stipanowich, and Lisa Kloppenberg)

MEDIATING LEGAL DISPUTES (American Bar Association, 2009)

MEDIATION: THE ROLES OF ADVOCATE AND NEUTRAL (2006) (co-authored with Jay Folberg)

LAWYER NEGOTIATION: THEORY, PRACTICE AND LAW (2006) (co-authored with Jay Folberg)

RESOLVING DISPUTES: THEORY, PRACTICE AND LAW (2005) (co-authored with Jay Folberg, Thomas J. Stipanowich, and Lisa Kloppenberg)

MANUALE DEL CONCILLATORE PROFESSIONISTA (2004) (with Guiffre Editore)

MEDIATING LEGAL DISPUTES: EFFECTIVE STRATEGIES FOR LAWYERS AND MEDIATORS (1996) (This text was the co-winner of the CPR Institute Book Prize for 1996. It is being translated and will be published in Italian in an abridged format that includes examples of European commercial disputes.)

Book Chapters

Mediating with Lies in the Room, in MEDIATION ETHICS (Wiley, Ellen Waldman ed., 2011)

Using Evaluations in Mediation, in AAA HANDBOOK ON MEDIATION (American Arbitration Ass'n/Juris, 2d ed., 2010) (with Marjorie Aaron)

Evolution of Chapter 93A: National and Local Authority, in CHAPTER 93A RIGHTS AND REMEDIES (2d ed., Hon. Margot G. Botsford ed., 2007)

Introduction, in M.C.L.E. CHAPTER 93A RIGHTS AND REMEDIES (2005)

Legal Issues in Consensus Building, in THE CONSENSUS BUILDING HANDBOOK: A COMPREHENSIVE GUIDE TO REACHING AGREEMENT (1999) (with Eric E. Van Loon) 

Articles

Beyond Brainstorming: The Special Barriers to Interest-Based Mediation, and Techniques to Overcome Them, 18 :1 DISP. RESOL. MAG. 22 (2011)

Abandoned Medical Malpractice Claims: Their Surprising Frequency, Apparent Causes, and Potential Remedies, 30 HEALTH AFFAIRS 7 (2011)

Coping with an Insulting Offer, 14 :6 NEGOTIATION 8 (2011)

'Insulting' First Offers: Why Lawyers Make Them, and How to Respond, 27 :7 INT'L. INST. CONFLICT PREVENTION & RESOL. 113 (2009)

Nearing the Finish Line: Dealing with Impasse in Commercial Mediation, 15 :2 DISPUTE RESOL. MAG. 4 (2009)

The Changing Role of Evaluation in Commercial ADR, 14 :1 DISP. RESOL. MAG. 16 (2007)

Using Video to Teach Negotiation and Mediation, 13 :2 DISP. RESOL. MAG. 8 (2007)

What Can Training Do for an Experienced Mediator?, 12 :1 DISP. RES. MAG. 9 (2005)

How to Borrow a Mediator’s Powers, 30 :3 LITIGATION 41 (2004)

Death of a Claim: The Impact of Loss Reactions on Bargaining, 20 NEGOT. J. 539 (2004)

Why Is It Hard For Lawyers to Deal with Emotional Issues?, 9 :2 DISP. RES. MAG. 26 (2003) (co-author)

Is Legal Mediation a Process of Repair – Or Separation? An Empirical Study, and Its Implications, 7 HARV. NEGOT. L. REV. 301 (2002)

“Insulting” First Offers and How to Deal with Them, 2 DISP. RESOL. ALERT 1 (2002)

How Mediators Can Help with Relationship Repairs, 19 ALTERNATIVES TO HIGH COST LITIG. 193 (2001)

Cognitive Barriers to Effective Negotiation and How to Overcome Them, 6 ADR CURRENTS 6 (2001)

Is Legal Mediation Really a Repair Process? Or a Separation?, 19 ALTERNATIVES TO HIGH COST LITIG. 171 (2001)

Variations in Mediation: How -- And Why -- Legal Mediators Change Styles in the Course of a Case, 2000 J. DISP. RESOL. 41 (2000)

If You’re Willing to Experiment, Principle Cases Can Be Mediated, 16 ALTERNATIVES TO HIGH COST LITIG. 37 (1998)

Planning for Mediation Evaluation, 15 ALTERNATIVES TO HIGH COST LITIG. 49 (1997)

Benefits and Dangers of Mediation Evaluation, 15 ALTERNATIVES TO HIGH COST LITIG. 35 (1997)

Using Evaluations in Mediation, 52 :2 DISP. RESOL. J. 26 (1997) (with Marjorie C. Aaron)

Introduction to the 1997 Annual Survey of Consumer Financial Services Law, 52 BUS. LAW. 1009 (1997) (with Fred H. Miller and Alvin C. Harrell)

Consumer Financial Services Litigation: Major Judgments and ADR Responses, 48 BUS. LAW. 1141 (1993)

Making Alternative Dispute Resolution Mandatory: The Constitutional Issues, 68 OR. L. REV. 487 (1989)

Developments in Consumer Financial Services Litigation, 43 BUS. LAW. 1081 (1988)

OTHER   PUBLICATIONS


VIDEO: THE SKILLS OF A LEGAL MEDIATOR Amican Bar Ass'n. ( 2009 )

THE TEACHING DVD ( 2005 )

VIDEO: MEDIATORS AT WORK: A CASE OF DISCRIMINATION? Harvard Law School Negotiation Program ( 2004 )

VIDEO: REPRESENTING CLIENTS IN MEDIATION: HOW TO SHARE A MEDIATOR'S POWERS American Bar Association ( 2000 )

MEDIATORS AT WORK: BREACH OF WARRANTY? Harvard Law School Negotiation Program ( 1999 )