Theory and Practice of Mediation Representation

As we know, American attorneys regularly represent clients in mediation.  There’s a ton of theory about mediation generally but much less about mediation representation. I just posted an article, Theory and Practice of Mediation Representation, which presents a theoretical analysis based on Real Practice System Theory.  The following graphic provides an overview, which the article … Continue reading Theory and Practice of Mediation Representation

New Mediation Syllabi on DRLE Website

There are many new mediation syllabi on the DRLE website. There now are two pages for these syllabi.  One page is for courses focused on the perspective of neutrals and the other focused on the perspective of representatives in mediation.  Both webpages have separate sections for simulation and clinical courses. The webpages include a lot … Continue reading New Mediation Syllabi on DRLE Website

Shared Values and Principles in Mediation

For a forthcoming article about law school mediation courses, I developed a list of key values and principles that I think people in our field generally share.  They are about the roles of practitioners – including both mediators and attorneys – when working with clients in mediation.  Faculty can advocate them in any mediation course … Continue reading Shared Values and Principles in Mediation

Georgetown’s Ariel Eckblad to Deliver Moritz’s 2024 Lawrence Lecture

Ohio State’s Program on Dispute Resolution is thrilled to invite you to the 2024 Lawrence Lecture on Dispute Resolution featuring Georgetown Law Professor Ariel Eckblad!  Register here: https://go.osu.edu/eckblad. Scheduled for Tuesday September 17 (beginning at 12:10 eastern), Professor Eckblad will present “The Water We Swim In: Negotiating Power and Possibility”. Here is a brief description: … Continue reading Georgetown’s Ariel Eckblad to Deliver Moritz’s 2024 Lawrence Lecture

Attorneys, Mediators, and Self-Determination

Posting my short article, The Important Role of Attorneys in Promoting Parties’ Self-Determination in Mediation, on the NYC-DR listserv prompted several reactions. This post highlights and elaborates some points in my article. Why Law School Faculty Should Increase Instruction in Mediation Representation I’m a retired law professor who mediated and taught mediation for years.  The … Continue reading Attorneys, Mediators, and Self-Determination

Journal of Dispute Resolution Writing Competition – September 6 Deadline

From my colleague, Rachel Wechsler: The Journal of Dispute Resolution is seeking articles related to labor and employment dispute resolution for its 2024 Writing Competition. The winners will be published in the Winter 2025 Issue of the Journal of Dispute Resolution. Writers should send submissions to umclawjournal@umsystem.edu with the subject line “2024 Writing Competition.” The … Continue reading Journal of Dispute Resolution Writing Competition – September 6 Deadline

Are You in Favor of Self-Determination in Mediation?

What about Mom and apple pie?  For or against? Most people take for granted that all these things are indisputably good (at least in theory) though we usually don’t think much about why. Not so with Andrew Mamo.  He recently published Unsettling the Self:  Rethinking Self-Determination in Mediation, which deeply analyzes the meaning of self-determination. … Continue reading Are You in Favor of Self-Determination in Mediation?

Come to Missouri’s 40th Anniversary Symposium on October 25

The University of Missouri’s Center for the Study of Dispute Resolution will hold its 40th anniversary symposium on Friday, October 25. It’s entitled, “Dispute Resolution at Forty:  Looking Back, Looking Forward,” and features an indisputably all-star cast.  Here’s the lineup.  The starred characters are Mizzou student and/or faculty alumni. Welcome:  Paul J. Litton Remarks:  Ilhyung … Continue reading Come to Missouri’s 40th Anniversary Symposium on October 25