Tag Archives: Dispute Resolution Practice

AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think

Imagine doing your work without word processing, spell checkers, email, the internet, search engines, voicemail, cell phones, or Zoom. That’s how you’ll probably feel in the not-too-distant future about working without artificial intelligence (AI). Innovations often seem radical at first.  In time, people just take them for granted. ABA Formal Opinion 512 states that lawyers … Continue reading AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think →

RPS Coach is Biased – And Proud of It

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 Artificially Intelligent RPS Negotiation and Mediation Coach

Until January 27, I hadn’t planned to develop an AI tool for dispute resolution .  That changed when I Zoomed into a program where Susan Guthrie showed how AI could be used in mediation.  A brief conversation at the end shifted from mediating disputes to improving writing – and that’s when a light bulb lit … Continue reading The Artificially Intelligent RPS Negotiation and Mediation Coach →

What’s the Matter with BATNA?

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You probably teach students or train practitioners about BATNA – everybody loves BATNA. You may think you understand it correctly. There’s a good chance you don’t – and that you spread your misunderstandings like a virus. So you might want to read my latest Theory Meets Practice column in CPR’s Alternatives magazine, What’s the Matter … Continue reading What’s the Matter with BATNA? →

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 →

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 →

Shared Values and Principles in Mediation

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 →