This post reviews a wonderful new book, the “new edition” of America’s Peacemakers: The Community Relations Service and Civil Rights by Bertram Levine and Grande Lum, published by the University of Missouri Press. Levine, who died in 2006, published the first edition covering events up to 1990 in Part I. Lum discusses events since then, … Continue reading Timely New Book on Racial Reconciliation Initiative
From EFOI Lela Love: Dear Friends, Following this year’s adoption by the NY Courts of Presumptive ADR, the Cardozo Journal of Conflict Resolution is holding its Jed D. Melnick Symposium on Presumptive ADR and Court Systems of the Future on Friday, October 23. Register via Eventbrite. CLE credits will be available. The virtual event will be held … Continue reading Cardozo Symposium on October 23 on Presumptive ADR and Court Systems of the Future
From the ABA Section of Dispute Resolution: It’s time to save the date for Mediation Week! October 18-24 is full of great content! In addition to TED style talks that you can access on your own time, each day you can attend live webinars hosted by cutting edge mediation experts addressing important, informative issues impacting … Continue reading Mediation Week is Coming: October 18-24
The NYS Unified Court System’s Statewide Office of Alternative Dispute Resolution is looking for mediation trainers to train prospective court-roster mediators. Click here for more information. Click on the title of this post to see the announcement.
Two weeks ago, the Nevada state court approved the MGM Mandalay Bay shooting settlement. No mention of mediator Jennifer Togliatti’s conflict of interest. I didn’t see it mentioned in any of the other press about the case either. Hmmm. – – – – – – – – – – You likely remember the MGM Mandalay … Continue reading The MGM Shooting Mediation and An Obvious Conflict of Interest – Updated
By definition, the LIRA book, which provides a framework for litigation interest and risk assessment, focuses on litigation. This post describes how it can be adapted for transactional negotiation – transaction interest and risk assessment, or TIRA. Three Elements The LIRA framework consists of assessment of three elements: expected court outcome, future tangible costs of … Continue reading Transactional Interest and Risk Assessment
The New York Times published an important, timely article, 5 People Who Can Help You Strengthen Your Empathy Muscle. It summarizes advice of five people who have spent their lives studying, understanding and practicing empathy. Take a look. (Click the title of this post to get the link to the article.)
Jeff Trueman, an experienced Maryland mediator, wrote an excellent article about the challenges of lawyers, mediators, and insurance claims professionals in mediation. He interviewed subjects about their problems in mediation, and his study provided evidence of professionals behaving badly, very consistent with my post about BATNAs and the emotional pains of “positional negotiation.” He specifically … Continue reading Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation
Donna Shestowsky recently gave a presentation to the CPR Mediation Committee about litigants’ knowledge of courts’ ADR options in their cases. She presented her research showing that litigants seem to be unaware of ADR options, and that knowing about some of these options – specifically, mediation – improves litigants’ opinions of the court itself. Shockingly, … Continue reading Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options
As part of my LIRA book tour, I gave talks entitled,“They Should Call It Negotiation School, Not Law School” for Becky Jacobs’s (Tennessee) ADR class and the UC-Davis’s King Hall Negotiation Teams student organization (thanks to Donna Shestowsky’s suggestion). The presentation points out that the vast majority of cases are negotiated, not litigated and certainly … Continue reading They Should Call It Negotiation School, Not Law School
