Tag Archives: Empirical Research

Seriously, You’re Really Still Saying “Facilitative” and “Evaluative” Mediation in 2025?

We’ve all used the terms “facilitative” and “evaluative” to describe mediation as if everyone knows what they mean. Earlier this year, I surveyed experts about how they understand these terms – and how they think others understand them. Spoiler alert:  This study found that people are hopelessly confused about these terms, including experts in our … Continue reading Seriously, You’re Really Still Saying “Facilitative” and “Evaluative” Mediation in 2025? →

Please Complete This Short Survey By Friday, February 14

Hi everyone. I am doing a research study entitled “Conceptions of Facilitative and Evaluative Mediation,” and I would REALLY APPRECIATE it if you would take about five minutes to respond to the short survey below. Informed Consent Disclosure You are not required to answer any of the questions if you don’t want to.  Your participation … Continue reading Please Complete This Short Survey By Friday, February 14 →

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 →

Resolution Systems Institute is hiring a remote researcher!

If you are interested in this opportunity to join a great team, please apply according to the announcement below. If you have questions, reach out to Jennifer Shack, friend of Indisputably, at jshack@aboutrsi.org ResearcherResolution Systems Institute – Chicago – RemoteDo you want to conduct cutting-edge research with a purpose? Join Resolution Systems Institute and make … Continue reading Resolution Systems Institute is hiring a remote researcher! →

Daniel Kahneman

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Nobel Laureate Daniel Kahneman died on March 27.  He and his colleague, Amos Tversky, published foundational studies in behavioral economics demonstrating that people inevitably have numerous cognitive biases.  They upended dominant theories that people simply act rationally to carefully maximize their self-interest.  In our dispute resolution field, we rely on their insights to help people … Continue reading Daniel Kahneman →

Why Do Mediators Mediate the Way They Do?

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? →

Randy Kiser’s New Book on Professional Judgment for Lawyers

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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 →

Last Chance to Submit Proposal for ABA Conference – Sept. 13 Deadline

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 →

A Study on Dispute Resolution Culture in Belgium: An Invitation to Share Your View on Key Results

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 →

How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?

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? →