Psychologist Kenneth Kressel argued that mediators’ mental models of mediation are largely unconscious mixtures of formal models and “personal ‘mini-theories’ of conflict and role of mediators.” He defined mental schemas or models as “ideas the mediator holds about the role of the mediator; the goals to be attained (and avoided), and the interventions that are … Continue reading Why Do Mediators Mediate the Way They Do?
Randall Kiser just published another great book relevant to our community, Professional Judgment for Lawyers. Randy is the principal analyst at DecisionSet®, which consults with lawyers and law firms to improve their effectiveness. This earlier post describes his background and his book, Soft Skills for the Effective Lawyer. That book presents research showing that legal … Continue reading Randy Kiser’s New Book on Professional Judgment for Lawyers
From Corinne N. Stuber on behalf of the ABA Section of Dispute Resolution: The ABA Dispute Resolution Section is now accepting program proposals for our 2024 Spring Conference that will be held April 10–13, 2024, in San Diego, CA. This year’s conference theme is Mastering the Future: Revolutionizing Dispute Resolution in a Dynamic World. We … Continue reading Last Chance to Submit Proposal for ABA Conference – Sept. 13 Deadline
From Dilyara Nigmatullina: Introduction In September 2022, a team of researchers from the Faculty of Law of the University of Antwerp (Law Enforcement Research Group) and Conflicool (a not-for-profit organisation dedicated to the amicable resolution of disputes) conducted a large-scale empirical study on dispute resolution culture in Belgium. The study was undertaken via a survey … Continue reading A Study on Dispute Resolution Culture in Belgium: An Invitation to Share Your View on Key Results
If there’s anything approaching unanimity in our field, it’s that it’s important to prepare in dispute resolution processes like mediation. So it’s almost boring to write about it. But I found some things that should be interesting and helpful for parties, practitioners, and mediation program administrators. Last December, I wrote a short article, The Critical … Continue reading How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?
From Elayne Greenberg: Please join us online as we present the St. John’s University School of Law Carey Center’s 2023 Dispute Resolution Advancement Award to Professors Jessica Bregant, Jennifer K. Robbennolt, and Verity Winship. They will discuss the award-winning research reported in their Harvard Negotiation Law Review article, “Perceptions of Settlement.” Read more about this year’s award winners. Starting with the premise that little is … Continue reading St. John’s Carey Center Award Ceremony on April 19, 2023
From Gary Doernhoefer: The impact of new technology is being felt in every profession. To consider the future of technology in dispute resolution, we need to start with a snapshot of how practitioners currently use technology and their attitudes about its future application to the profession. Please help us gain these insights by taking 10 … Continue reading Please Take the ABA Survey on Use of Technology in ADR
It may be a weird time to suggest getting rid of bar exams considering that bar exams will soon include questions about client counseling and advising, negotiation and dispute resolution, and client relationship and management. Inclusion of these subjects on the bar exam could lead to welcome changes in legal education to better prepare law … Continue reading Should We Get Rid of the Bar Exam?
From Jen Shack, the director of research for Resolution Systems Institute (RSI), which is a fabulous organization doing great work in our field: RSI is looking for a new PhD researcher to join our expanding research and evaluation department. We’re looking for someone who is interested in qualitative research, including focus groups, interviews, mediation observations, … Continue reading RSI is Hiring a Researcher
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?