Tag Archives: for teachers and students

Simulations Based on Actual Cases – Why Reinvent the Wheel?

From Debra Berman: I know there have been many discussions over the years regarding how to effectively use simulations in negotiation and mediation classes.  After reflecting on my semester, I’d like to take this opportunity to reopen the conversation and provide you with my perspective. This year, I decided to substantially change how I utilize … Continue reading Simulations Based on Actual Cases – Why Reinvent the Wheel?

DR Professor Meet-Up Thursday, Dec. 2 at 1 EST

From Debra Berman: Dear colleagues, I hope you all had a wonderful holiday.  As we get back into the swing of things, I’d like to take this opportunity to remind you about an event this week.  Please join the ABA Legal Education in Dispute Resolution (LEDR) Committee for its inaugural DR professor virtual meet-up this … Continue reading DR Professor Meet-Up Thursday, Dec. 2 at 1 EST

How Mediators Can Solve Tough Problems in Mediation

In a recent presentation to mediators in Michigan, I asked the audience to describe what was frustrating in their mediations.  They often struggle when lawyers and parties are not prepared when they go to mediation, have unrealistic expectations, and act very emotionally. Their reactions prompted me to write this short article in the Michigan Dispute … Continue reading How Mediators Can Solve Tough Problems in Mediation

Canaries in the Litigation Coal Mine

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

The Role of Law in Legal Disputes

Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases. In real life, practitioners generally think of law in terms of Oliver Wendell Holmes’s famous definition:  “prophecies of what the courts will do in fact.” Of … Continue reading The Role of Law in Legal Disputes

Teaching Students to Think Like Practitioners

People often say that dispute resolution processes aren’t “one size fits all.”  When practitioners are asked to opine about hypothetical problems, they often say “it depends” and they make “case by case” decisions. They are telling the truth.  Lawyers make complex decisions as negotiators, litigation advocates, and mediators based on a lot of factors, so … Continue reading Teaching Students to Think Like Practitioners

Three New ABA Books Hot Off the Press!

The ABA Section of Dispute Resolution published three books this year that you, your colleagues, and your students might be interested in. Mediating Legal Disputes: Effective Techniques to Resolve Cases, Second Edition, by Dwight Golann. Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making, Second Edition, by Jennifer K. Robbennolt and … Continue reading Three New ABA Books Hot Off the Press!

Readings and Resources for Teaching

As an annual tradition, this is a reminder of some of my favorite things you might use in your courses as you gear up for next academic year. Here’s a link to the latest and greatest version of the “resource share” compiled by Sharon Press and Noam Ebner. Here’s a post suggesting how you can … Continue reading Readings and Resources for Teaching

Reconciling Allegedly Alternative Mediation Models by Using DIY Models

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

Journal of Dispute Resolution Writing Competition – August 15 Deadline

My colleague, Ilhyung Lee, the director of Missouri’s Center for the Study of Dispute Resolution, announced the initiation of an annual writing competition, co-sponsored by the National Academy of Arbitrators (NAA). With a generous grant from the NAA Research and Education Foundation, this initiative encourages research and scholarship in the labor and employment field. Beginning … Continue reading Journal of Dispute Resolution Writing Competition – August 15 Deadline

If You Had Only One Hour to Describe ADR, What Would You Say?

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?