Tag Archives: Interests and Motivation

How Do You Want to Use the Real Practice Checklists?

I received many enthusiastic responses to my menu of mediation checklists, including that they are “interesting,” “informative,” “so very useful,” “really helpful,” “great,” “excellent,” “wonderful,” “fantastic,” “invaluable,” “impressive,” “very thorough,” “brilliant,” and “utterly awesome” resources.  “Just wow!” No kidding. The checklists are part of the Real Practice System Project.  Although it has focused particularly on … Continue reading How Do You Want to Use the Real Practice Checklists? →

Real Practice Systems Project Annotated Bibliography

Gary Doernhoefer, the founder of ADR Notable, suggested that I produce a bibliography for its users.  ADR Notable is an app providing case management software to help mediators handle case intake, bill clients, manage client documents, develop checklists and task reminders, take notes, build documents, and manage client relationships generally. Gary recognized that our respective … Continue reading Real Practice Systems Project Annotated Bibliography →

Focus on Party Decision-Making

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A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes.  Attorneys often acted paternalistically, taking control over virtually every aspect of the cases.  The legal system … Continue reading Focus on Party Decision-Making →

Len Riskin Pulls It All Together in Managing Conflict Mindfully

I had the good fortune to be Len Riskin’s colleague from 2000, when I arrived in Missouri, until he moved to the University of Florida in 2007. He now is a Visiting Professor of Law and Distinguished Senior Fellow at the Center on Negotiation, Mediation, and Restorative Justice at Northwestern University Pritzker School of Law … Continue reading Len Riskin Pulls It All Together in Managing Conflict Mindfully →

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? →

Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes

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The good folks at the Association for Conflict Resolution of Greater New York and CUNY Dispute Resolution Center at John Jay College invited me to give a talk as part of their monthly breakfast series.  Last week, I gave a presentation, Helping Parties Make Decisions About What’s Really Important, which synthesizes ideas I have been … Continue reading Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes →

LIRA @ CPR

This post summarizes presentations, data collected, and discussion in the “Risky Business: A Toolbox for Managing Litigation Interests and Risks” program on February 28, 2020 at CPR’s annual meeting.  There never is enough time to cover everything you want to say, so this post elaborates the discussion at the program. Based on our book, Litigation … Continue reading LIRA @ CPR →

How to Calculate and Use BATNAs and Bottom Lines with LIRA

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Everyone talks about knowing one’s BATNA in negotiation and mediation.  But that’s a lot easier said than done. In litigated cases, the value of the BATNA usually is the expected trial outcome, but that is notoriously hard to predict for many reasons.  The outcome of numerous legal and factual issues may depend on the evidence, … Continue reading How to Calculate and Use BATNAs and Bottom Lines with LIRA →

How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?

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I recently visited our DR friends and colleagues at Quinnipiac, courtesy of an invitation from Charlie Pillsbury, the co-director of their Center on Dispute Resolution.  He invited me to give a talk as part of the Quinnipiac-Yale Dispute Resolution Workshop. I tested some ideas from the book I am writing with Michaela Keet and Heather … Continue reading How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation? →

Difficult Conversations in the Modern Era of (Anti-)Social Media

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Virtually everyone in our field knows about the wonderful book, Difficult Conversations: How to Discuss What Matters Most, by Douglas Stone, Bruce Patton, and Sheila Heen.  It focuses on everyday conversations and not just crystalized disputes.  It describes how people can better understand what is (and is not) happening in their interactions, identify erroneous assumptions, … Continue reading Difficult Conversations in the Modern Era of (Anti-)Social Media →