We Should Replace Mediation Models with a Unified Conceptual Framework

A quarter century ago, Professor Len Riskin published an article describing a grid of mediator orientiations including a facilitative-evaluative dimension.  Despite critiques of this framework, including by Len himself, many mediators, trainers, and teachers still use these concepts as mediation models, expressing strong feelings that one model is good and the other is bad. These … Continue reading We Should Replace Mediation Models with a Unified Conceptual Framework

Important Mediator Characteristics

Bill Marsh, a UK mediator and editor of the Kluwer Mediation Blog, wrote a good post about key characteristics of mediators: Warmth and Competence. He suggests that these are related to mediators’ self-reflection, authenticity, cultural competence, and timing. It’s a good, concise post you might share with your students. Take a look. [Click the title … Continue reading Important Mediator Characteristics

DR WIP Consortium–Discovering New Voices in Dispute Resolution–Friday April 30

Delighted to announce that Marquette will be virtually hosting the last of our spring series where we get to hear and learn from some phenomenal new scholars in our field.  It has been a great way to build our community so I invite you to join us for the final session of the season over … Continue reading DR WIP Consortium–Discovering New Voices in Dispute Resolution–Friday April 30

NYLS / AAA Program on Cutting Edge Issues in Commercial Arbitration on April 27

The New York Law School ADR Skills Program and American Arbitration Association will present the Steven C. Bennett Annual Program, Cutting Edge Issues in Commercial Arbitration, on Thursday, April 27, 2021, from 5:00 – 6:40 p.m. Eastern Time. Six experts return for their annual and provocative discussion of some of the most pressing challenges facing … Continue reading NYLS / AAA Program on Cutting Edge Issues in Commercial Arbitration on April 27

Appreciation of Dwight Golann

As you may have heard, Dwight Golann will receive the ABA Section of Dispute Resolution’s scholarship award this year. This has prompted a chorus of congratulations, and I join in the accolades for his work. For many reasons.  Here are some of them. He continues to practice mediation and his mediations clearly inform his work.  … Continue reading Appreciation of Dwight Golann

Resnik – Unlocking the Courts: Ending Arbitration Mandates and Gag Orders

Yale law professor Judith Resnik has penned an op-ed calling for passage of the Forced Arbitration Injustice Repeal Act (FAIRA).  That shouldn’t be a surprise based on her work on democratic values and arbitration over the years.  However, she dug into some data and . . . . well, check out the excerpt below. Advocates … Continue reading Resnik – Unlocking the Courts: Ending Arbitration Mandates and Gag Orders

Secret Link