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
The majority opinion in the Breslin case led me to write my piece, Courts Should Make Mediation Good Samaritans Not Frankensteins, which led the CPR Mediation Committee to sponsor a program, Consequences of Not Participating in Court Ordered Mediation: What Is Fair? I was one of the speakers, along with Lauren A. Jones, ADR Coordinator … Continue reading Charting a Middle Course for Court-Connected Mediation
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?
Lots of programs coming up! April 27, 8:45-10:00 am Pacific Time – Book Launch for Dispute System Design book, with Jan Martinez, Lisa Blomgren Amsler (co-authors) and Paul Brest, Jay Folberg, Grande Lum, and Ayelet Sala. Note that the flyer includes a discount code for the book. They are developing a teaching supplement this summer … Continue reading Educational Programs Galore!
Here are two programs you might want to tune into next week. On Tuesday, March 2, at 1 pm Eastern Time, I will give a free presentation sponsored by the ABA Section of Dispute Resolution’s Early Dispute Resolution Committee, entitled Evolution of Early Dispute Resolution and Where We Are Now. Click here for the zoom … Continue reading Two Upcoming Programs
The International Institute for Conflict Prevention and Resolution (CPR) announced the following recipients of its 2021 Awards for contributions to ADR at a virtual ceremony on Wednesday, January 27, 2021, as part of CPR’s Annual Meeting. Outstanding Contribution to Diversity in ADR: Gail Wright, Esq. Outstanding Book in the Field of ADR: America’s Peacemakers: The … Continue reading CPR Awards
