If there’s anything approaching unanimity in our field, it’s that it’s important to prepare in dispute resolution processes like mediation. So it’s almost boring to write about it. But I found some things that should be interesting and helpful for parties, practitioners, and mediation program administrators. Last December, I wrote a short article, The Critical … Continue reading How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?
Thanks to Andrea Schneider, the Cardozo Journal on Dispute Resolution’s faculty advisor, and its editors, the Journal just published articles by Professor Robert A. Baruch Bush and me expressing differing perspectives about basic mediation theory. I appreciate this opportunity to publish our perspectives and share them with readers. Prof. Bush’s article is Beyond the Toolbox: … Continue reading Bush’s and Lande’s Differing Perspectives of Mediation Theory
I posted a short artice, Think DSD, Not ADR, which you may want to read. Here’s the abstract. This article argues that it is time for a paradigm shift in the way we define the alternative dispute resolution (ADR) field. It suggests that the dispute system design (DSD) paradigm should succeed ADR. ADR is an … Continue reading Think DSD, Not ADR
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
This post collects and summarizes the posts in the Real Practice Systems Project. I began by focusing 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 dealing with recurring challenging situations. Practitioners develop systems for other … Continue reading Real Practice Systems Project
This short article presents accounts of ten mediators about the factors affecting how we handle continuing streams of mediations – our mediation systems. These systems are the combination of factors affecting what mediators do before, during, and after mediation sessions. The systems include their routine procedures and strategies for dealing with recurring challenging situations. The … Continue reading Ten Real Mediation Systems
There is no good definition of ADR, as described in a recent post. This post suggests that it’s time for a paradigm shift in our field. Instead of identifying our field as ADR, we should use dispute system design (DSD) as our central theoretical framework. Time for a Paradigm Shift Thomas S. Kuhn’s classic book, … Continue reading Shifting the Central Paradigm to Dispute System Design
If two rocket scientists don’t correctly understand each other’s jargon, things could blow up real fast. If laypeople don’t understand the scientists, however, no problem. It’s quite different in the dispute resolution field. Parties are supposed to actively participate in mediation (and other dispute resolution processes to some extent), and thus they need to understand … Continue reading Houston, We Have a Problem in the Dispute Resolution Field
I will present a draft of my article, Real Mediation Models to Help Parties and Mediators Achieve Their Goals, at the Works-in-Progress conference next month and I am posting it now so that you can read it before then if you like. People can attend the conference in person or by video – and I … Continue reading Would you like to read a WIP draft?
Who’d expect Netflix to produce a movie about dispute system design? Or that it would be really good? Its docudrama, Worth, about the process of designing and implementing the 9/11 Victims’ Compensation Fund, actually is terrific. (Note that this What-I’m-Reading series isn’t limited to just reading stuff.) It is based on Kenneth Feinberg’s book, What … Continue reading What I’m Reading – Worth