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
This post describes how mediators can use ideas and materials from the Real Practice Systems Project to better understand and improve their own mediation systems. Mediators’ practice systems are the combination of factors affecting what they do before, during, and after mediation sessions. These systems include their routine procedures and strategies for dealing with recurring … Continue reading Using Real Practice Systems Resources in Practice
This post describes how faculty can use ideas and materials from the Real Practice 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 … Continue reading Resources for Using Real Practice Systems Materials in Teaching
I don’t fear death. I do fear dying, however. Modern medicine can perform seeming miracles in some situations. But it also can ensnare patients in a tangle of cords, tubes, machines, personnel with varying degrees of sympathy and helpfulness, rigid procedures and schedules, being jabbed by sharp needles, sounds, lights, sleep disruptions, disturbances, loss of … Continue reading Suggestions for Dying (and Living)
For those of you who are not sports/baseball fans, you may not have known (or cared) that Aaron Judge, who has played for the New York Yankees since 2016 and became a free agent after the 2022 season, had been negotiating his new contract. Drafted in 2013 and making his major league debut in 2016, … Continue reading Aaron Judge Contract Negotiations: A Case Study in Leveraging Power
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
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
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
It’s hard to believe that more than a month has passed since we welcomed people in person and virtually to the 15th Annual AALS DR Section Works-in-Progress Conference here at the University of Oregon. We had almost sixty registrants, in Eugene and over Zoom, and we saw thirty-six presentations over 1.5 days. It was such … Continue reading The WIP in Pictures
For those among us who teach Professional Responsibility / Ethics courses as well as ADR, just a quick nod (or reminder nod) to the Dolan & Kennedy DC Bar Discipline case available here. The facts are not terribly complicated, although they are pretty horrifying. And the report and recommendation of the Board on Professional Responsibility … Continue reading An Ethics Case with Something for Almost Everyone (who teaches in this field)
