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?
Here’s a short article you might be interested in. Using a recent California appellate decision as a jumping off point, it identifies problems with mandatory mediation and recommends that courts use good dispute system design procedures to reduce risks of creating Frankensteins – mediation that produces injustices. Of course, some courts have policies fulfilling the … Continue reading Courts Should Make Mediations Good Samaritans Not Frankensteins
The Institute for the Advancement of the American Legal System (IAALS), the Chicago Bar Foundation, the ABA Standing Committee on the Delivery of Legal Services, and the Self-Represented Litigation Network (SRLN) are hosting a three-day virtual event that will focus on the major hows and whys of supporting and implementing the practice of unbundled legal … Continue reading Virtual Conference on Unbundled Legal Services in the New Normal – April 20-22
Anna Howard‘s new book, EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes, provides valuable insights about business disputing. It reports the findings of her study about mediation of EU cross-border commercial disputes, but the dynamics she describes occur in the US and probably many other countries as well. Anna … Continue reading Anna Howard’s New Book Examines Why Businesses Don’t Use Mediation – And Other Issues
The good folks at the Association for Conflict Resolution of Greater New York and CUNY Dispute Resolution Center at John Jay College invited me to give a talk as part of their monthly breakfast series. Last week, I gave a presentation, Helping Parties Make Decisions About What’s Really Important, which synthesizes ideas I have been … Continue reading Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes
This post reviews a wonderful new book, the “new edition” of America’s Peacemakers: The Community Relations Service and Civil Rights by Bertram Levine and Grande Lum, published by the University of Missouri Press. Levine, who died in 2006, published the first edition covering events up to 1990 in Part I. Lum discusses events since then, … Continue reading Timely New Book on Racial Reconciliation Initiative
From EFOI Lela Love: Dear Friends, Following this year’s adoption by the NY Courts of Presumptive ADR, the Cardozo Journal of Conflict Resolution is holding its Jed D. Melnick Symposium on Presumptive ADR and Court Systems of the Future on Friday, October 23. Register via Eventbrite. CLE credits will be available. The virtual event will be held … Continue reading Cardozo Symposium on October 23 on Presumptive ADR and Court Systems of the Future
Jeff Trueman, an experienced Maryland mediator and Pepperdine LLM candidate, wrote an excellent article about the challenges of lawyers, mediators, and insurance claims professionals in mediation. He interviewed subjects about their problems in mediation, and his study provided evidence of professionals behaving badly, very consistent with my post about BATNAs and the emotional pains of … Continue reading Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation
Everyone knows that a bottom line in a lawsuit is an immutable “line in the sand” that is accurately reported to mediators and counterparts as the least that a plaintiff would accept or most that a defendant would pay. Not really. During the life cycle of a case, lawyers start with vague and tentative bottom … Continue reading What’s a Bottom Line?
From the ABA Section of Dispute Resolution: The Section will sponsor the ABA Dispute Resolution Tech Expo on September 14-18. Working virtually is our new normal, but now what? Besides Zoom, what other tools are out there to make working online easier? Look no further than the ABA Dispute Resolution Tech Expo. Tailored to the … Continue reading ABA Dispute Resolution Tech Expo – Sept. 14-18