Oxymorons R Us

This 4-page article riffs on comments at a program at the recent ABA Section of Dispute Resolution conference to illustrate how oxymoronic the terms “facilitative,” “evaluative,” and “empowerment” have become. When people use these terms, we kinda, sorta, probably think we know what they mean. But we don’t really know. The article suggests ways that … Continue reading Oxymorons R Us

Jacqueline Font-Guzmán Takes New Position at St. Catherine University

St. Catherine University in St. Paul hired Jacqueline Font-Guzmán to serve in the inaugural role of senior vice president of equity and belonging, beginning August 1.  She currently serves as the inaugural vice president for diversity, equity, and inclusion  and a tenured professor at the Center for Justice and Peacebuilding at Eastern Mennonite University in … Continue reading Jacqueline Font-Guzmán Takes New Position at St. Catherine University

A Snapshot of How Mediators Use Technology These Days

I recently gave a presentation about how mediators use technology in their practices.  The program was organized by the Technology and Mediation Committees of the ABA Section of Dispute Resolution and co-sponsored by seven other committees. I’m sure no tech expert but I used the program to collect data from practitioners who use technology in … Continue reading A Snapshot of How Mediators Use Technology These Days

Oregon’s Alternative Pathway to the Bar Proves Popular

Here are excerpts from an article in the ABA Journal: Oregon’s new Supervised Practice Portfolio Examination that allows ABA-accredited law school graduates to join the state’s bar by working closely with a supervising attorney instead of taking the bar exam is gaining traction with candidates and potential employers. … The additional pathway allows applicants to … Continue reading Oregon’s Alternative Pathway to the Bar Proves Popular

Follow-up to SEC’s Stay of Rule Change Barring NARs in FINRA Arbitration

Earlier this year, I blogged here about the SEC’s staying of a rule change (previously approved by the SEC) to FINRA’s arbitration rules barring non-attorney representatives (NARs) from representing parties in its forum. The Stay Order was an extremely unusual move by the SEC, and certainly raised many questions. I just became aware [catching up … Continue reading Follow-up to SEC’s Stay of Rule Change Barring NARs in FINRA Arbitration

DCP Provides Resources for Teaching Students How to Manage Difficult Conversations

Perhaps your university has asked you, as a dispute resolution expert, what can be done quickly in a fall semester orientation or another one- to two-hour context. If so, the Divided Community Project at the Ohio State University Moritz College of Law offers colleges and universities two new videos with accompanying checklists and a facilitation … Continue reading DCP Provides Resources for Teaching Students How to Manage Difficult Conversations

Preparing Law Students for Real-World Practice

This short article summarizes a program entitled Pracademically Speaking:  Incorporating Real-World Legal Practice Into the Curriculum at the Legal Educators Colloquium during the annual conference of the ABA Section of Dispute Resolution.  Debra Berman and Denise Peterson (South Texas College of Law Houston) and I gave the presentations. The article describes problems with legal curricula, … Continue reading Preparing Law Students for Real-World Practice

ABA Adopts Policy Encouraging Early Dispute Resolution

At its midyear meeting, the ABA House of Delegates unanimously approved Resolution 500, which states: That the American Bar Association urges lawyers and all interested parties to increase the informed and voluntary use of Early Dispute Resolution: party-directed, non-adjudicative approaches to resolve disputes in a time-efficient and cost-effective manner, including, but not limited to, direct … Continue reading ABA Adopts Policy Encouraging Early Dispute Resolution

Top Ten Ways to Improve Your Mediation Skills

This short article uses Real Practice Systems (RPS) theory to identify things that mediators can do to improve their mediation skills. Mediators can begin by recognizing that they have a complex mediation practice system if they mediate regularly.  The article includes links to a short video and articles to help them understand their unique systems. … Continue reading Top Ten Ways to Improve Your Mediation Skills