Seeking Resources to Promote Pre-Session Preparation in Mediation

My post, The Critical Importance of Pre-Session Preparation in Mediation, really resonated for some people. Clearly, pre-session preparation can help everyone involved in mediation to improve the process and outcomes.  Many mediators and mediation programs routinely incorporate robust pre-session procedures in their mediation systems. Roselle Wissler and Art Hinshaw’s empirical study provides some good news … Continue reading Seeking Resources to Promote Pre-Session Preparation in Mediation

Real Practice Systems Project Series

This post collects and summarizes the posts in the Real Practice Systems Project series.  I began by focusing on mediation systems, which are the combination of factors affecting what mediators do before, during, and after mediation sessions.  These systems include their routine procedures and strategies for dealing with recurring challenging situations.  Practitioners develop systems for … Continue reading Real Practice Systems Project Series

The Critical Importance of Pre-Session Preparation in Mediation

It’s indisputable that preparation before mediation sessions is very important – both for the participants and the mediators.  This can make a huge difference in the process and outcome. Parties (and their lawyers, if any) need to be prepared to discuss the facts, law, interests, and/or negotiation approaches etc.  This is hard enough when they … Continue reading The Critical Importance of Pre-Session Preparation in Mediation

Using Real Mediation Systems Resources in Practice

This post describes how mediators can use ideas and materials from the Real Mediation Systems Project to better understand and improve their own mediation systems.  Mediation systems are the combination of factors affecting what mediators do before, during, and after mediation sessions.  These systems include their routine procedures and strategies for dealing with recurring challenging … Continue reading Using Real Mediation Systems Resources in Practice

Resources for Using Real Systems Materials in Teaching

This post describes how faculty can use ideas and materials from the Real Systems Project to help students get realistic understandings of practice.  I initially focused on mediation systems, which are the combination of factors affecting what mediators do before, during, and after mediation sessions.  These systems include their routine procedures and strategies for dealing … Continue reading Resources for Using Real Systems Materials in Teaching

Schiefelbein Global Dispute Resolution Conference – January 13, 2023

Arizona State’s Lodestar Dispute Resolution Center is proud to host the upcoming the annual Schiefelbein Global Dispute Resolution Conference on Friday January 13, 2023.  Claudia Salomon, President of the ICC International Court of Arbitration, will deliver the keynote address, titled Damocles Sword – A Tool to Resolve Disputes, If Used Effectively.  After her talk we … Continue reading Schiefelbein Global Dispute Resolution Conference – January 13, 2023

Factors Related to How the Initial Mediation Session Begins

For the past several years Roselle Wissler (Arizona State) and I have been working on several articles about the early stages of mediation based on data collected from more than 1,000 mediators from 8 states across the country.  Our latest article from this data set Joint Session or Caucus? Factors Related to How the Initial … Continue reading Factors Related to How the Initial Mediation Session Begins

Amazon Tries to Avoid Class Action in California

I spoke with a reporter from Bloomberg BNA yesterday about Jackson v. Amazon.com, Inc. (oral argument 11/17/22). The case raises a number of interesting arbitration issues: whether Amazon’s broad arbitration clause includes a worker’s privacy claim (Amazon was monitoring employee’s discussions on social media), whether a federal court’s decision that an Amazon last-mile driver is … Continue reading Amazon Tries to Avoid Class Action in California