New Book on Effectively Representing Clients in Family Mediation

Forrest (Woody) Mosten, Elizabeth Potter Scully, and Lara Traum’s book, Effectively Representing Clients in Family Mediation, was just published by the ABA.  This is particularly valuable because many parties rely on lawyers to represent them in mediation, and there probably are many more lawyers who act as advocates in mediation than those who mediate. The … Continue reading New Book on Effectively Representing Clients in Family Mediation →

How The Real Practice Systems Project Can Help Improve Mediation Quality

Improving mediation quality is tricky.  This post describes how the Real Practice Systems Project can help. In Principles for Policymaking about Collaborative Law and Other ADR Processes, I argued that policymakers generally should consider non-regulatory policy options before adopting new rules. Non-regulatory approaches include training for disputants and professionals, dispute referral mechanisms, technical assistance for ADR … Continue reading How The Real Practice Systems Project Can Help Improve Mediation Quality →

Would You Like to Get the Benefit of the Real Practice Systems Project and Share Your Experiences?

I am doing a research study entitled “Assessment of Real Practice Systems Experience” to assess how well Real Practice Systems assignments and exercises have worked in courses, trainings, and continuing education programs as well as for individual practitioners.  I’m writing to invite you to participate in this study. In this document, I describe how faculty … Continue reading Would You Like to Get the Benefit of the Real Practice Systems Project and Share Your Experiences? →

More Ways to Help Students Understand Dispute Resolution Practice

I developed a variety of assignments that faculty can use to help students better understand mediation, advocacy in mediation, negotiation, or other regular procedures. The assignments grow out of my article, Real Mediation Systems to Help Parties and Mediators Achieve Their Goals in the Cardozo Journal of Conflict Resolution. You might assign students to read … Continue reading More Ways to Help Students Understand Dispute Resolution Practice →

Seeking Resources to Promote Pre-Session Preparation in Mediation

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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

The Real Practice Systems (RPS) Project grew out of dissatisfaction with traditional mediation theories, which are incomplete and misleading.  I  first articulated RPS theory in my 2023 Cardozo Journal of Conflict Resolution article, Real Mediation Systems to Help Parties and Mediators Achieve Their Goals.  It identifies problems with traditional mediation theories, argues that dispute system … Continue reading Real Practice Systems Project →

The Critical Importance of Pre-Session Preparation in Mediation

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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 Practice Systems Resources in Practice

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 →

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