Tag Archives: mediation

We Should Replace Mediation Models with a Unified Conceptual Framework

A quarter century ago, Professor Len Riskin published an article describing a grid of mediator orientiations including a facilitative-evaluative dimension.  Despite critiques of this framework, including by Len himself, many mediators, trainers, and teachers still use these concepts as mediation models, expressing strong feelings that one model is good and the other is bad. These … Continue reading We Should Replace Mediation Models with a Unified Conceptual Framework

Important Mediator Characteristics

Bill Marsh, a UK mediator and editor of the Kluwer Mediation Blog, wrote a good post about key characteristics of mediators: Warmth and Competence. He suggests that these are related to mediators’ self-reflection, authenticity, cultural competence, and timing. It’s a good, concise post you might share with your students. Take a look. [Click the title … Continue reading Important Mediator Characteristics

USC Gould Center for Dispute Resolution Fifth Annual Symposium

From GFOI Richard Peterson: The USC Gould Center for Dispute Resolution and JAMS are holding their fifth annual symposium with two upcoming webinars Wednesday, April 14, 2021 The Arbitrator’s Approach to Contract Interpretation Issues: Civil vs. Common Law Perspectives 8:00 a.m. Pacific / 11:00 a.m. Eastern / 5:00 p.m. London / 11:00 p.m. Singapore   … Continue reading USC Gould Center for Dispute Resolution Fifth Annual Symposium

Anna Howard’s New Book Examines Why Businesses Don’t Use Mediation – And Other Issues

Anna Howard‘s new book, EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes, provides valuable insights about business disputing.  It reports the findings of her study about mediation of EU cross-border commercial disputes, but the dynamics she describes occur in the US and probably many other countries as well. Anna … Continue reading Anna Howard’s New Book Examines Why Businesses Don’t Use Mediation – And Other Issues

Finally, A Mediation TV Program That Tells It Like It Is (Not)

Have you heard?  After all the lousy movies and TV shows that provide ghastly depictions of mediation, Fox TV has produced a series, The Mediator with Ice-T that shows the public exactly how mediation works. What Judge Judy et al. do for courts, Ice-T does for mediation. Disputants tell their stories.  Ice-T consults experts.  Then … Continue reading Finally, A Mediation TV Program That Tells It Like It Is (Not)

Lawyers Are From Mars, Clients Are From Venus – and Mediators Can Help Communicate in Space

I just wrote this post on the Kluwer Mediation Blog on this subject.  It summarizes empirical research showing the huge chasm in perspectives between many lawyers and their clients.  Lawyers often focus only on monetary issues in legal disputes, which drives many of their clients crazy because they are also very concerned about a wide … Continue reading Lawyers Are From Mars, Clients Are From Venus – and Mediators Can Help Communicate in Space

Appreciation of Doug Frenkel and Jim Stark

Jim Stark and Doug Frenkel just became scholars-in-residence with the International Academy of Mediators, following in the footsteps of Hal Abramson, Lela Love, and Dwight Golann. I have appreciated Doug and Jim’s work – actually of all the SiRs – and this post describes some of the things I appreciate about it.  It also includes … Continue reading Appreciation of Doug Frenkel and Jim Stark

Creighton Symposium on ADR in Business – February 26

From FFOI Rachel Goedken: On Friday, Feb. 26, from noon to 5:00pm CT, the Creighton University School of Law will be hosting its annual Law Review Symposium virtually. This year’s topic is Alternative Dispute Resolution in the Business Setting and will celebrate the 15-year anniversary of the Werner Institute. This outstanding program combines the latest … Continue reading Creighton Symposium on ADR in Business – February 26

Merging Mediation Models – And Other Lessons

Imagine that you just stared into the neuralyzer in Men in Black.  It wiped out all your memory of the traditional bundled of models of mediation and negotiation.  You know – facilitative and evaluative mediation, interest-based and positional negotiation, etc. etc.  The neuralyzer also vaporized all references to them in texts and teaching materials. You’re … Continue reading Merging Mediation Models – And Other Lessons

LIRA Videos Out the Wazoo!!

Everyone knows that lawyers should carefully assess their cases at the earliest appropriate time.  In cases that are or might be litigated, lawyers often focus primarily or exclusively on estimating the expected court outcome (aka the BATNA value). The LIRA book provides guidance for more thorough and systematic case assessments, including values for tangible costs … Continue reading LIRA Videos Out the Wazoo!!