Until January 27, I hadn’t planned to develop an AI tool for dispute resolution . That changed when I Zoomed into a program where Susan Guthrie showed how AI could be used in mediation. A brief conversation at the end shifted from mediating disputes to improving writing – and that’s when a light bulb lit … Continue reading The Artificially Intelligent RPS Negotiation and Mediation Coach
“The mediation failed.” This statement implies that reaching agreement is the only measure of success. It also implies that the mediation process failed, not that the parties made a legitimate decision not to settle during a mediation session. When you hear someone say that, does smoke come out of your ears? Do you get hot … Continue reading How You Can Speak Dispute Resolution Well
On October 30, 2024, Debra Berman posted a message on the DRLE listserv encouraging colleagues to drop the word “alternative” from “ADR.” Her post quickly prompted 24 responses. As usual, people were respectful, appreciative, collaborative, and funny even as they expressed differing views. This was one of our best discussions, and I wish we had … Continue reading Choosing to Use Good Language in the “ADR” Field
A recent article in the New York Times described benefits of instructional methods that encourage high school students to take more control over their learning. Young adults say they feel woefully unprepared for life in the work force, and employers say they’re right. In a survey by Gallup and the Walton Family Foundation of more … Continue reading Promoting Law Students’ Agency
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
If so, take a look at this Model Mediation Course Syllabus With Teaching Notes – even if you are teaching a dispute resolution course other than mediation. The model syllabus includes a menu of topics, readings, and simulations that can be incorporated in many DR courses. It includes links to short readings for students that … Continue reading Are You Preparing a Dispute Resolution Course Next Semester?
At this year’s AALS ADR Section WIP Conference, I presented data showing that more than 90% of law school mediation courses and more than 90% of the coverage in popular mediation texts focus on the mediator’s role. I asked people what they think the emphasis generally should be in generic mediation courses, and here are … Continue reading If You Will Teach Mediation (or Other DR Course) Next Year, Read This
Pioneering family mediator Michael Lang just released the second edition of his book, The Guide to Reflective Practice in Conflict Resolution. He provided an account of his development as a mediator as one of the Ten Real Mediation Systems. He is the co-director of the Reflective Practice Institute International. Michael’s book builds on Donald Schön’s … Continue reading New Edition of Michael Lang’s Book on Reflective Practice
10%. That percentage – or less – is the rough proportion of the mediation curriculum devoted to mediation representation in US law schools, including about: 6% of mediation clinic courses 9% of mediation simulation courses 3-9% of the coverage in some mediation textbooks 7% of the coverage in many mediation courses Is it too much … Continue reading Is 90% Too Much?
As we know, American attorneys regularly represent clients in mediation. There’s a ton of theory about mediation generally but much less about mediation representation. I just posted an article, Theory and Practice of Mediation Representation, which presents a theoretical analysis based on Real Practice System Theory. The following graphic provides an overview, which the article … Continue reading Theory and Practice of Mediation Representation
