Updates to Collections of Real Practice Systems Project Publications

This year, I wrote a lot of blog posts and short SSRN articles about the Real Practice Systems (RPS) Project, particularly about attorneys’ real practice systems and legal education.  The Project is designed to improve understanding about how dispute resolution practitioners think and act and to help practitioners act more consciously and intentionally.  I updated … Continue reading Updates to Collections of Real Practice Systems Project Publications →

A Concurring Dissent, or a Dissenting Concurrence, on Law Review Reprints

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My friend and colleague John Lande just posted a musing about law review reprints. John notes that he misses law review reprints only because he now receives no personalized notes from reprints’ authors. John did not need to rehearse the reasons for reprints’ relatively recent demise. He didn’t need to. These reasons are well understood … Continue reading A Concurring Dissent, or a Dissenting Concurrence, on Law Review Reprints →

Are You Preparing a Dispute Resolution Course Next Semester?

If so, take a look at this Model Mediation Course Syllabus With Teaching Notes – even if you are teaching a dispute resolution course other than mediation. The model syllabus includes a menu of topics, readings, and simulations that can be incorporated in many DR courses.  It includes links to short readings for students that … Continue reading Are You Preparing a Dispute Resolution Course Next Semester? →

If You Will Teach Mediation (or Other DR Course) Next Year, Read This

At this year’s AALS ADR Section WIP Conference, I presented data showing that more than 90% of law school mediation courses and more than 90% of the coverage in popular mediation texts focus on the mediator’s role.  I asked people what they think the emphasis generally should be in generic mediation courses, and here are … Continue reading If You Will Teach Mediation (or Other DR Course) Next Year, Read This →

New Edition of Michael Lang’s Book on Reflective Practice

Pioneering family mediator Michael Lang just released the second edition of his book, The Guide to Reflective Practice in Conflict Resolution.  He provided an account of his development as a mediator as one of the Ten Real Mediation Systems.  He is the co-director of the Reflective Practice Institute International. Michael’s book builds on Donald Schön’s … Continue reading New Edition of Michael Lang’s Book on Reflective Practice →

Is 90% Too Much?

10%. That percentage – or less – is the rough proportion of the mediation curriculum devoted to mediation representation in US law schools, including about: 6% of mediation clinic courses 9% of mediation simulation courses 3-9% of the coverage in some mediation textbooks 7% of the coverage in many mediation courses Is it too much … Continue reading Is 90% Too Much? →

Theory and Practice of Mediation Representation

As we know, American attorneys regularly represent clients in mediation.  There’s a ton of theory about mediation generally but much less about mediation representation. I just posted an article, Theory and Practice of Mediation Representation, which presents a theoretical analysis based on Real Practice System Theory.  The following graphic provides an overview, which the article … Continue reading Theory and Practice of Mediation Representation →

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