Category Archives: Mediation

Repeat Players’ Expectations Regarding Private Civil, Non-Family Mediation

March 19, 2008 Nancy Welsh

Lawyers, insurance industry managers, risk managers and human resource managers who make frequent use of private mediation increasingly expect mediators to: Prepare for mediation sessions, which includes holding pre-mediation discussions with counsel (also increasing the likelihood that counsel will be prepared); Permit counsel to have pre-mediation input into the mediation process itself, especially regarding the … Continue reading Repeat Players’ Expectations Regarding Private Civil, Non-Family Mediation →

“Peace in the Desert” Lecture Series Webcasts Now Available

March 14, 2008 mmoffitt@uoregon.edu

Jean Sternlight at UNLV recently sent out an announcement that they have just posted webcasts of some of their recent “Peace in the Desert” lectures. http://www.law.unlv.edu/media_Events.html Among the speakers are: John Paul Lederach, Professor of International Peacebuilding, The Joan B. Kroc Institute for International Peacebuilding, University of Notre Dame: “The Moral Imagination: The Art and … Continue reading “Peace in the Desert” Lecture Series Webcasts Now Available →

Why American Companies Resolve Disputes Outside of Litigation

March 13, 2008 Sarah Cole

On March 8, the National Arbitration Forum blog reported that Fullbright and Jaworski conducted a survey of American companies which revealed that, “in recent years, American companies of all sizes have become less reliant on outside counsel.” See http://arbitration-forum.blogspot.com/2008_03_01_archive.html While the NAF bloggers speculate that the popularity of arbitration may be behind this change, it … Continue reading Why American Companies Resolve Disputes Outside of Litigation →

Kvetching and Apologies

February 28, 2008 Andrea Schneider 1 Comment

I opened an email today to the enticing headline “Don’t Forget to Kvetch!” and realized how it was the other side of the coin of what I was planning on blogging about today. First, to the planned blog–Australia last week officially apologized for its mistreatment of the Aboriginal population in Australia. The list of misdeeds … Continue reading Kvetching and Apologies →

Ethical Codes and the Commercial Mediator

February 26, 2008 mmoffitt@uoregon.edu 2 Comments

At the 2008 AALS Section meeting, Dwight Golann and Ellen Waldman (two of the most thoughtful scholars of mediation ethics I know) presented a talk entitled “Ethical Codes and the Commercial Mediator.” They have graciously agreed to share the powerpoint materials they used in the presentation. (Attached below.) I am hopeful that we may entice … Continue reading Ethical Codes and the Commercial Mediator →

CAADRS Becomes RSI; New ADR Resources Available

February 11, 2008 Sarah Cole

Resolution Systems Institute, which used to be known as CAADRS, sent this announcement about their new website. It looks like a great new resource for research on court ADR: A NEW WEB SITE FOR A TRUSTED RESOURCE: INTRODUCING COURTADR.ORG Resolution Systems Institute, formerly the Center for Analysis of ADR Systems (CAADRS), announces the launch of … Continue reading CAADRS Becomes RSI; New ADR Resources Available →

Today’s New York Times Editorial

February 7, 2008 mmoffitt@uoregon.edu

Today’s New York Times Editorial entitled “The Cult of Secrecy at the White House” includes reference both to ombudsmen and to mediation. I am neither an every-day reader of the NYT editorial page, nor is my long-term memory as reliable as I’d prefer. But I cannot recall either of these staples of modern dispute resolution appearing … Continue reading Today’s New York Times Editorial →

Blind Negotiations

February 5, 2008 mmoffitt@uoregon.edu

According to a traditional dynamic in a case with multiple defendants, a plaintiff makes a demand (or a new demand), and then each defendant has to decide how much to indicate it is willing to contribute to a settlement (with that calculation being based in part on the plaintiff’s demand and in part on the defendant’s … Continue reading Blind Negotiations →

Deal Mediation

January 24, 2008 mmoffitt@uoregon.edu 1 Comment

The ABA has just released promotional materials about an upcoming CLE program with the title “Deal Mediation: A New Use for an Old Friend.” I have at least four reactions: 1. It’s nice to hear the ABA refer to Mediation as an “old friend.” 2. It’s not clear to me that Deal Mediation is all … Continue reading Deal Mediation →

Peace in the New Year

January 11, 2008 Andrea Schneider

The President and I actually have something in common–we are both rooting for peace in the Middle East before the end of his term! He, no doubt, has a whole host of reasons, not the least of the which would be managing to salvage some foreign policy success to help his legacy. I find it … Continue reading Peace in the New Year →