Improving mediation quality is tricky. This post describes how the Real Mediation Systems Project can help. In Principles for Policymaking about Collaborative Law and Other ADR Processes, I argued that policymakers generally should consider non-regulatory policy options before adopting new rules. Non-regulatory approaches include training for disputants and professionals, dispute referral mechanisms, technical assistance for ADR … Continue reading How The Real Mediation Systems Project Can Help Improve Mediation Quality
I am doing a research study entitled “Assessment of Real Practice Systems Experience” to assess how well Real Practice Systems assignments and exercises have worked in courses, trainings, and continuing education programs as well as for individual practitioners. I’m writing to invite you to participate in this study. In this document, I describe how faculty … Continue reading Would You Like to Get the Benefit of the Real Practice Systems Project and Share Your Experiences?
I developed a variety of assignments that faculty can use to help students better understand mediation, advocacy in mediation, negotiation, or other regular procedures. The assignments grow out of my forthcoming article, Real Mediation Systems to Help Parties and Mediators Achieve Their Goals in the Cardozo Journal of Conflict Resolution. You might assign students to … Continue reading More Ways to Help Students Understand Dispute Resolution Practice
This post describes how mediators can use ideas and materials from the Real Mediation Systems Project to better understand and improve their own mediation systems. Mediation systems 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 … Continue reading Using Real Mediation Systems Resources in Practice
This post describes how faculty can use ideas and materials from the Real Systems Project to help students get realistic understandings of practice. I initially focused 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 … Continue reading Resources for Using Real Systems Materials in Teaching
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
The Association for Conflict Resolution of Greater New York and the City University of New York Dispute Resolution Center at John Jay College will host a Virtual Roundtable Breakfast entitled, “ADR As a First Career: It Is Possible!” featuring Alyson Carrel. She is clinical professor at Northwestern Pritzker School of Law and co-director of its … Continue reading Alyson Carrel Program on Sept 1: ADR As A First Career: It Is Possible!
Early coal mines didn’t have good ventilation, and miners were at risk from dangerous gases in the mines. So miners would bring canaries into the mines because they were sensitive to the gases and provided a warning of danger. The canaries would sing until they died from the gases. When they stopped singing, miners knew … Continue reading Canaries in the Litigation Coal Mine
Like it or not, facilitative and evaluative mediation are part of the social reality of our field. Despite the fact that these models are misleading and provide counterproductive concepts to guide mediators’ behaviors and set parties’ expectations, they are inescapable. They are standard elements in texts, courses, trainings, and general discourse in our field. They … Continue reading Reconciling Allegedly Alternative Mediation Models by Using DIY Models
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?