Gary Doernhoefer, the founder of ADR Notable, suggested that I produce a bibliography for its users. ADR Notable is an app providing case management software to help mediators handle case intake, bill clients, manage client documents, develop checklists and task reminders, take notes, build documents, and manage client relationships generally.
Gary recognized that our respective work complements each other’s. I wrote a series of publications leading to what I call the Real Practice Systems (RPS) Project. RPS theory holds that practitioners’ systems are based on their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and the cases in their work. RPS analysis can be used in many dispute resolution roles such as mediator, advocate in mediation, negotiator, and litigator generally.
In mediation, practitioners develop categories of cases, parties, and behavior patterns that lead them to design routine procedures and strategies for dealing with recurring challenges before, during, and after mediation sessions. So Gary asked me to develop this menu of checklists for ADR Notable users illustrating numerous decisions in mediators’ practice systems and factors affecting them.
Then Gary asked me to produce this annotated bibliography to provide ADR Notable users with practical and theoretical background from my writings to help them get a deeper understanding of their practice systems.
RPS theory is the culmination of much of the work in my scholarly career. The bibliography is a mosaic of my publications about various topics. It includes entries specifically about RPS theory as well as its precursors and related issues. Here’s the outline of the bibliography:
2. Overview of Real Practice Systems Theory
3. Critiques of Traditional Dispute Resolution Theories
A. “Alternative” Dispute Resolution Theory Generally
B. Negotiation Theory
C. Mediation Theory
4. Promotion of Party Decision-Making
5. Litigation Interest and Risk Assessment
6. Preparation for Mediation Sessions
7. Technology Systems
8. Planned Early Dispute Resolution
9. Dispute System Design
10. Applications in Court Systems
11. Applications in Legal Education
Most of the entries are short blog posts and articles, though it also includes law review articles and books. There are links for the entries, so you can access them with one or two clicks.
I hope that instructors, trainers, presenters, program administrators, and authors will find this bibliography to be of value in your courses, trainings, presentations, programs, and publications.
Some poor lost souls might read all the publications in the bibliography. However, you probably will want to pick ones that you are most interested in.
The bibliography includes many of my publications, but it is not a complete catalog. True gluttons for punishment can check out my SSRN page, website, and Indisputably blog posts.
If you are not quite that gluttonous, you might simply read this bibliography as a collection of really short essays with links to longer versions.
If you’re on a diet, you can get the ideas by reading the introduction to the bibliography and each section, the titles of the publications, and any blurbs that grab your interest.
Take a look.