At the Past-and-Future Conference last month, I was on a program with Doug Frenkel, Michaela Keet, and Donna Stienstra entitled, “Research and Scholarship with a Real-World Focus: Studying What Practitioners Actually Do.” This program followed one on research terminology and methodology, described in this post. This program was in a conversational format, framed around several … Continue reading Studying What DR Practitioners Actually Do
On November 1, the Fordham Law Review, in conjunction with the Conflict Resolution and ADR Program and National Center for Access to Justice at Fordham Law School will present a program entitled “Achieving Access to Justice Through ADR: Fact or Fiction?” ADR is enthusiastically promoted as a vehicle for providing access to justice. For parties, there … Continue reading Achieving Access to Justice Through ADR: Fact or Fiction?
Lara Fowler (Penn State) sent the following announcement: The Environmental Dispute Resolution (EDR) Program is hiring a Mediator who will be responsible for supporting existing program activities and developing new projects. We seek someone with significant experience in conflict resolution and consensus building, as well as expertise in training and capacity building. Ideally, the new … Continue reading Job Announcements for Two Dispute Resolution Positions
I just wrote a post describing “litigation stress” that parties experience during litigation, noting that this can be particularly painful in some cases like those involving sexual assault allegations. Allegations of sexual assault by Judge Brett Kavanaugh have been in the news a lot lately. While these allegations aren’t being litigated in court, the process … Continue reading Real-Life Account of Litigation Stress in Bill Cosby Case
Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice. It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves. Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments
GFOI Donna Shestowsky (California-Davis) recently wrote the latest in a series of her studies asking actual litigants about their procedural preferences. The article is Inside the Mind of the Client: An Analysis of Litigants’ Decision Criteria for Choosing Procedures, 36 Conflict Resolution Quarterly 69 (2018). Here’s the abstract: This article presents findings from the … Continue reading What Do Litigants Really Want?
Michaela Keet and Heather Heavin (Saskatchewan), have been studying “litigation interest and risk assessment” (LIRA), something you probably teach using different names. You probably emphasize the importance of analyzing BATNAs and preparing for negotiation and mediation, which are basic elements of LIRA. Building on their own and others’ research, they developed a simple but comprehensive … Continue reading Keet and Heavin on Why Litigation Interest and Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It
The ABA Section of Dispute Resolution is calling for proposals for the 2019 Spring Conference. The theme is “Shining the Light on Parties: Enhancing the Experience of ADR Users.” The 2019 Annual Spring Conference will be held on April 10-13, 2019 at the Hyatt Regency Hotel in Minneapolis, Minnesota. Here is a brief sketch of … Continue reading Call for Proposals for ABA Conference
The ABA Section of Dispute Resolution announced two programs that look really good. One is a webinar, Evaluation: A Potential Tool in Your Mediation Strategy, on July 25, and the other is a Relational Practice Virtual Summit on September 4-7. Video Webinar on Evaluation in Mediation The ADR Section is trying something new – a free … Continue reading ABA Programs on Evaluation in Mediation and Relational Practice
We all know about situations when people say that they really like the idea of ADR, but it’s not appropriate in their particular case. Sometimes there are very good reasons not to use an ADR process. Other times, not so much. There may be similarities in some people’s reaction to the idea of using a … Continue reading Stone Soup: It’s a Great Idea But . . .
Here is a collection of more assessments of Stone Soup course assignments. This again demonstrates how faculty have been creative in crafting a wide variety of learning experiences that fit their instructional goals and situations. Many colleagues wish they had students do these assignments earlier in the semester and discuss them in class. Brian Farkas … Continue reading Stone Soup Assessments: Farkas Arbitration, Tetunic Clinic, and Fowler, Keet & Baerg, and Newman & Roger Negotiation Courses
This post describes CLE presentations I gave for the Texas Bar. It provides material for participants at the program and is another illustration of how people can use the Stone Soup Project idea of using continuing education programs to produce and share knowledge about actual practice. I previously tested this approach in two days of … Continue reading Stone Soup: Texas Bar Program for Lawyers and Mediators on Planned Early Negotiation