Psychologist Kenneth Kressel argued that mediators’ mental models of mediation are largely unconscious mixtures of formal models and “personal ‘mini-theories’ of conflict and role of mediators.” He defined mental schemas or models as “ideas the mediator holds about the role of the mediator; the goals to be attained (and avoided), and the interventions that are … Continue reading Why Do Mediators Mediate the Way They Do?
Last month I sent you Leading a Divided Campus: Ideas and Illustrations and a checklist for students to extend support to their friends. I write today about a resource just published — Joint Campus-Law Enforcement Preparation for Campus Demonstrations and Hate Incidents amid Violence in the Middle East: Ideas for an Agenda, https://go.osu.edu/dcpgle. We in … Continue reading Joint Campus-Law Enforcement Preparation for Campus Demonstrations and Hate Incidents amid Violence in the Middle East: Ideas for an Agenda
It’s not exactly breaking news that a major function of American law schools is to train an upper stratum of students for jobs as associates in elite law firms and as judicial clerks. Parsing appellate case opinions and ace-ing closed-book exams are tasks especially well designed for this purpose. Although these activities reflect some important … Continue reading Law Students Can Use Portfolios to Plan Their Practice Systems
On the AALS listserv, Gabe Teninbaum (Suffolk) asked, “[H]ow do we teach students to define successful outcomes in a given scenario? And how do we help them understand how to communicate with clients about defining their own success? As a former litigator, I remember balancing clients’ varied goals (their definition of “winning” didn’t always comport … Continue reading Helping Law Students Define and Pursue Success
So far, my pieces in the Real Practice Systems Project have focused on mediation. The theory is not limited to mediation, and this post applies it to lawyering. In the mediation context, the theory argues that mediators have unique practice systems that grow out of their personal histories, values, goals, motivations, knowledge, and skills as … Continue reading Real Lawyering Practice Systems
Love it or hate it – I sure feel both ways – technology is going to be an increasing part of our lives in the future. And that goes double for dispute resolution practitioners. Dispute resolution is fundamentally about communication, and technological developments are rapidly revolutionizing how we communicate. I became more conscious of the … Continue reading Technology in Real Practice Systems
Susan Yates, the longtime Executive Director for Resolution Systems Institute (RSI), is stepping away from the organization to try her hand at different opportunities. Susan is a great friend of this blog as well as to many in the ADR world. We wish her nothing but the best in her new adventures. And, this means … Continue reading Resolution Systems Institute seeks a new Executive Director
On January 11, 2024, the Securities and Exchange Commission approved a rule change to its Codes of Arbitration Procedure and Mediation Procedure — proposed by FINRA — to bar individuals who are not attorneys from representing parties in the FINRA Dispute Resolution forum. Before the rule change, FINRA banned non-attorney representation in its arbitration and … Continue reading Compensated Non-Attorney Representation Banned in FINRA Arbitrations and Mediations
Bringing this back to the front as a friendly reminder of the Schiefelbein Conference on Thursday January 11th starting at 8am MT / 10am ET. You can find the agenda here. Of particular interest to this blog’s readers (particularly students) is the session titled Breaking In: Careers in International Dispute Resolution scheduled at 12:30pm MT … Continue reading Back to Front – Schiefelbein Global Dispute Resolution Conference Thursday at 8am MT / 10am ET
The Real Practice System Menu of Mediation Checklists received many rave reviews. People said that they are “interesting,” “informative,” “so very useful,” “really helpful,” “great,” “excellent,” “wonderful,” “fantastic,” “invaluable,” “impressive,” “very thorough,” “brilliant,” and “utterly awesome” resources. “Just wow!” I identified numerous ways that the checklists could be used by practitioners, program administrators, and faculty, … Continue reading Practitioners Tell Why Real Practice System Checklists Are So Useful
