Tag Archives: For Teachers and Students

Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum

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I just saw that two very impressive people in our field, Kris Franklin and Peter Phillips, wrote an excellent article, Pass the Salt: Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum, 23 Pepp. Disp. Resol. L.J. 1 (2023), building on the work that many of us have done.  Here’s the abstract: Attorneys work with clients … Continue reading Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum →

Should We Get Rid of the Bar Exam?

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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? →

The Gift of Really Listening

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New York Times columnist David Brooks wrote a touching essay about his reactions to a lifelong friend’s struggle with depression and ultimate suicide. Mr. Brooks gave Pete advice about how to deal with his depression – and found that his efforts were counterproductive. It’s only later that I read that when you give a depressed … Continue reading The Gift of Really Listening →

A Mediator and a Bot Walk into a Bar …

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Some of you know John Stephens, a colleague at the University of North Carolina School of Government, who has focused on conflict resolution for his long career.  Like many of us, he was intrigued by ChatGPT and gave the following prompt and got the following response. Describe and contrast three main models of mediation for … Continue reading A Mediator and a Bot Walk into a Bar … →

How The Real Mediation Systems Project Can Help Improve Mediation Quality

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Improving mediation quality is tricky.  This post describes how the Real Mediation Systems Project can help. In Principles for Policymaking about Collaborative Law and Other ADR Processes, I argued that policymakers generally should consider non-regulatory policy options before adopting new rules. Non-regulatory approaches include training for disputants and professionals, dispute referral mechanisms, technical assistance for ADR … Continue reading How The Real Mediation Systems Project Can Help Improve Mediation Quality →

Would You Like to Get the Benefit of the Real Practice Systems Project and Share Your Experiences?

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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? →

More Ways to Help Students Understand Dispute Resolution Practice

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I developed a variety of assignments that faculty can use to help students better understand mediation, advocacy in mediation, negotiation, or other regular procedures. The assignments grow out of my article, Real Mediation Systems to Help Parties and Mediators Achieve Their Goals in the Cardozo Journal of Conflict Resolution. You might assign students to read … Continue reading More Ways to Help Students Understand Dispute Resolution Practice →

The Critical Importance of Pre-Session Preparation in Mediation

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It’s indisputable that preparation before mediation sessions is very important – both for the participants and the mediators.  This can make a huge difference in the process and outcome. Parties (and their lawyers, if any) need to be prepared to discuss the facts, law, interests, and/or negotiation approaches etc.  This is hard enough when they … Continue reading The Critical Importance of Pre-Session Preparation in Mediation →

Resources for Using Real Systems Materials in Teaching

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This post describes how faculty can use ideas and materials from the Real Systems Project to help students get realistic understandings of practice.  I initially focused on mediation systems, which are the combination of factors affecting what mediators do before, during, and after mediation sessions.  These systems include their routine procedures and strategies for dealing … Continue reading Resources for Using Real Systems Materials in Teaching →