That’s the title of a program I recently did for the Association of Northern [England] Mediators. I began by describing why formal mediation models, such as the facilitative and evaluative models, are incomplete and often misleading. Mediators constantly must answer the question “What do I do now?”, and the formal models don’t help in most … Continue reading How You Can Build a Mediation Model to Optimize Your Own Cases
From Richard Lord: The American College of Civil Trial Mediators announces its 2022 American Journal of Mediation National Dispute Resolution Writing Competition. There is a $5,000 first prize and a $2,000 second prize. Subject matter focus for entries can embrace the full range of the alternative dispute resolution field – consensus-based dispute resolution (e.g., negotiation, … Continue reading ACCTM National Dispute Resolution Writing Competition – June 15 Deadline
Michigan Business School Emeritus Professor George Siedel recently published a book you might want to read – Seven Essentials for Business Success: Lessons from Legendary Professors. Although it focuses on teaching in business schools, it provides insights relevant to pedagogy in higher education more generally. The book takes readers into the classrooms of award-winning professors … Continue reading George Siedel’s Book on Pedagogy
Out of the blue, I got an email from Peter Phillips saying, “John, just a note to report how much fun Stone Soup is. On Week 11 of a 14-week course, the students are so literate in observing and reporting on principles from the classroom that they can now recognize in real life. It makes … Continue reading Using Stone Soup
Peter Reilly’s call for updates on our scholarship prompted me to create the following lists of short articles and blog posts I wrote this year. You might want to read some or see if any would fit into your syllabi as required or recommended readings addressing your teaching goals. The following pieces focus directly on … Continue reading Short Pieces You Might Want to Read
To resolve a dispute, one or more people need to change their minds. Negotiation and mediation involve techniques to help people do just that. Obviously, this can be very difficult. People have reasons for their positions and they may not change them easily. This post focuses on two approaches for changing minds, which are highlighted … Continue reading What I’m Reading – Changing Minds
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?
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
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
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
