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
This jumbo-size post is the last part in the Theory of Change Symposium. But don’t despair. I am compiling all the pieces – and some new material – into an e-book that will be distributed soon, as described at the end of this post. This part of the symposium includes several pieces describing important techniques … Continue reading Theory of Change Symposium – Part 5 and Coming Attractions
This part of the symposium includes several pieces focusing on key skills in legal and dispute resolution practice. Lisa Amsler highlights the importance of interpersonal and process skills as technology is radically changing legal practice. Russ Bleemer identifies deficiencies in mediators’ listening behaviors as mediation practice becomes routinized, and he encourages mediators to keep focusing … Continue reading Theory of Change Symposium – Part 4
Here’s the third part in the Theory of Change symposium. Perhaps not surprisingly, many of the pieces in this part focus on use of technology in DR. As Alyson Carrel points out, technology in DR not just ODR. So we need to recognize the broad range of ways that people can and do use technology … Continue reading Theory of Change Symposium – Part 3
This second part in the Theory of Change symposium includes three pieces about legal education and two pieces about dispute resolution practice. Rebekah Gordon suggests ways that law schools can engage students’ interest in ADR. Debra Berman argues that law schools should provide more realistic instruction about ADR by increasingly focusing on mediation advocacy and … Continue reading Theory of Change Symposium – Part 2
The following series of posts are in response to a request to separately post reactions to the Past-and-Future conference I previously posted. Today I am posting summaries of programs at the conference. Tomorrow I will post some reflections about the experience. This post is about a plenary program moderated by Noam Ebner with Ava Abramowitz, … Continue reading New Horizons for the ADR Field: Where Are We Headed, and Where Can We Go?
Conflict Resolution Quarterly publishes scholarship on relationships between theory, research, and practice in the conflict resolution and ADR fields. Conflict Resolution Quarterly is sponsored by the Association for Conflict Resolution. This call for papers is designed to elicit the latest research, evaluations, and practice notes in the field of Mediation. Each article should include a … Continue reading Call for Papers: Trends and Innovations in Mediation Research
From my colleague, S.I. Strong: Young OGEMID will start its next virtual (all-email) symposium on June 24. You might want to let your students know in case they want to sign up . The listserv is, as I’ve noted before, free. Those of you who are pre-tenure are eligible to join as well. The topic … Continue reading Virtual Symposium on International Commercial Mediation
Canadian mediator Rick Weiler wrote a post on the Kluwer Mediation Blog raising concerns about whether predominant model of commercial mediation using a single three- or six-hour session promotes good decision-making by litigants. He wrote: The current commercial mediation model handed down over the past 30 years is working just fine for lawyers and … Continue reading Planning for Good Quality Decision-Making in Mediation Using PETSM
In December, I wrote a post compiling news accounts describing how Nancy Pelosi masterfully negotiated to be elected as Speaker of the House of Representatives. A Washington Post article this week described how she has unified the Democratic Caucus in the House, as described below. I just listened to a recent podcast about how Representative … Continue reading Two Shrewd Legislative Negotiators / Mediators
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. Using the patented Stone Soup process of systematically eliciting input from audiences, I tested some … Continue reading How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?
Litigation offers many potential benefits. It can help people solve difficult problems, make relationships and institutions function properly, and promote justice. It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves. Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments