We all know that it’s bad to be biased, right? Wrong. That assumption is its own bad bias. Biases are inevitable – in humans and bots alike. Some biases are harmful. Others are helpful. Many are neutral. But bias itself is unavoidable. So bias isn’t a problem in itself. Pretending otherwise is. This post describes … Continue reading RPS Coach is Biased – And Proud of It
The Real Practice System Menu of Mediation Checklists received many rave reviews. People said 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!” I identified numerous ways that the checklists could be used by practitioners, program administrators, and faculty, … Continue reading Practitioners Tell Why Real Practice System Checklists Are So Useful
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
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
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
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
