For a forthcoming article about law school mediation courses, I developed a list of key values and principles that I think people in our field generally share. They are about the roles of practitioners – including both mediators and attorneys – when working with clients in mediation. Faculty can advocate them in any mediation course … Continue reading Shared Values and Principles in Mediation
I received many enthusiastic responses to my menu of mediation checklists, including that they are “interesting,” “informative,” “so very useful,” “really helpful,” “great,” “excellent,” “wonderful,” “fantastic,” “invaluable,” “impressive,” “very thorough,” “brilliant,” and “utterly awesome” resources. “Just wow!” No kidding. The checklists are part of the Real Practice System Project. Although it has focused particularly on … Continue reading How Do You Want to Use the Real Practice Checklists?
Gary Doernhoefer, the founder of ADR Notable, suggested that I produce a bibliography for its users. ADR Notable is an app providing case management software to help mediators handle case intake, bill clients, manage client documents, develop checklists and task reminders, take notes, build documents, and manage client relationships generally. Gary recognized that our respective … Continue reading Real Practice Systems Project Annotated Bibliography
I was thrilled that my recent post, Focus on Party Decision-Making, prompted a stimulating conversation on the DRLE listserv, including thoughtful comments by Mary Bedikian, Doug Frenkel, Dwight Golann, Deborah Hensler, Charlie Irvine, Andrew Mamo, Cash Nickerson, Peter Philips, Jim Stark, Jean Sternlight, Nancy Welsh, and Roselle Wissler. This post discusses some issues in the … Continue reading Teaching Students to Focus on Party Decision-Making
A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes. Attorneys often acted paternalistically, taking control over virtually every aspect of the cases. The legal system … Continue reading Focus on Party Decision-Making
This was the question I had to answer when planning a lecture. I was a speaker in a course offered by the Universidad Monteavila in Caracas, Venezuela. My wonderful colleague, Rafael Gely, organized this collaboration with Missouri’s DR Center to provide a series of speakers, including me. My Venezuelan colleague told me that I could … Continue reading If You Had Only One Hour to Describe ADR, What Would You Say?
Everyone knows that a bottom line in a lawsuit is an immutable “line in the sand” that is accurately reported to mediators and counterparts as the least that a plaintiff would accept or most that a defendant would pay. Not really. During the life cycle of a case, lawyers start with vague and tentative bottom … Continue reading What’s a Bottom Line?
Everyone loves BATNA. It has more than 16 million hits on Google. I have loved BATNA too. Of course, people should consider alternatives to a negotiated agreement when negotiating or mediating. Unfortunately, people have loved BATNA so much that it has become a cliché that is widely misunderstood, even by some dispute resolution experts. When … Continue reading BATNA May Be Less Important Than You Think – and Teach
My career has focused on helping disputants by analyzing and promoting helpful lawyering and other dispute resolution techniques. The ABA book, Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions, is the culmination of my scholarly career, combining Michaela’s and Heather’s excellent research on litigation risk assessment and my work on planned … Continue reading LIRA Book Tour
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived. What’s Wrong with BATNA and All the Other ATNAs? My mania was stimulated by an exchange of listserv posts about the use of BATNA … Continue reading BATNA’s Got to Go — and Here’s a Better Idea
