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
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
There are many new mediation syllabi on the DRLE website. There now are two pages for these syllabi. One page is for courses focused on the perspective of neutrals and the other focused on the perspective of representatives in mediation. Both webpages have separate sections for simulation and clinical courses. The webpages include a lot … Continue reading New Mediation Syllabi on DRLE Website
For a forthcoming article about law school mediation courses, I developed a list of key values and principles that I think people in our field generally share. They are about the roles of practitioners – including both mediators and attorneys – when working with clients in mediation. Faculty can advocate them in any mediation course … Continue reading Shared Values and Principles in Mediation
Posting my short article, The Important Role of Attorneys in Promoting Parties’ Self-Determination in Mediation, on the NYC-DR listserv prompted several reactions. This post highlights and elaborates some points in my article. Why Law School Faculty Should Increase Instruction in Mediation Representation I’m a retired law professor who mediated and taught mediation for years. The … Continue reading Attorneys, Mediators, and Self-Determination
What about Mom and apple pie? For or against? Most people take for granted that all these things are indisputably good (at least in theory) though we usually don’t think much about why. Not so with Andrew Mamo. He recently published Unsettling the Self: Rethinking Self-Determination in Mediation, which deeply analyzes the meaning of self-determination. … Continue reading Are You in Favor of Self-Determination in Mediation?
It’s not breaking news that law school graduates generally have difficulty working with clients, don’t understand the “big picture” of client matters, and aren’t well trained in negotiation. The problem for law students and law schools is exacerbated by the transition to the NextGen bar exam and a movement in various states to use alternative … Continue reading Two Short Articles Proposing Courses Teaching Preparation and Advocacy in Dispute Resolution
Are you going to teach a law school mediation course this fall? If so, I suggest that you read It’s Time to Make Important Upgrades to Our Mediation Curriculum right away. It’s also relevant to ADR survey, negotiation, and lawyering courses. The article includes numerous suggestions and links to handy resources that you can incorporate … Continue reading If You Will Teach a Law School Mediation Course This Fall, Read This Article Right Away
Here are excerpts from an article in the ABA Journal: Oregon’s new Supervised Practice Portfolio Examination that allows ABA-accredited law school graduates to join the state’s bar by working closely with a supervising attorney instead of taking the bar exam is gaining traction with candidates and potential employers. … The additional pathway allows applicants to … Continue reading Oregon’s Alternative Pathway to the Bar Proves Popular
