Respected mediator Michael Lang conducts monthly case consultation / reflective practice group sessions for the ABA Section of Dispute Resolution’s Mediation Committee. The next one is on Wednesday, July 15, 2020, 12:00-1:00 pm, ET, and focuses on mediators causing impasses. Here’s the description of the program: Have you noticed that most things written for mediators … Continue reading Want to Talk About Mediators Causing Impasses?
If you have problems with BATNA theory, you aren’t the only one. Some people have privately shared their concerns with me, and I suspect that there are a lot of others who are “in the closet” and don’t express their concerns publicly because BATNAs are so widely taken for granted in our community. George Siedel’s … Continue reading BATNAs and the Emotional Pains from “Positional Negotiation”
In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived. What’s Wrong with BATNA and All the Other ATNAs? My mania was stimulated by an exchange of listserv posts about the use of BATNA … Continue reading BATNA’s Got to Go
From TFOI Kristen Blankley: COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others. We all have substantive and process expertise in different areas, which means that we should have a great ability to fulfill our aspirational (or, … Continue reading Kristen Blankley: New Opportunities for Pro Bono in a Pandemic
Recently, mediate.com initiated publication of a series of pieces entitled Seven Keys to Unlock Mediation’s Golden Age. Here’s the introduction. Every Friday for the next seven weeks, Mediate.com will be publishing a series of peer reviewed articles under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is … Continue reading Mediate.com Publishes “Seven Keys to Unlock Mediation’s Golden Age”
If you teach students that it’s important to analyze their BATNAs, consider including material in your course on litigation interest and risk assessment, aka LIRA. Virtually every negotiation, mediation, and ADR survey course teaches students that they should figure out their BATNA when negotiating or mediating. That is sooooo much easier said than done, as … Continue reading Do You Cover BATNA in Your Course?
From F. Peter Phillips: New York Law School’s ADR Skills Program invites you to join… THE WEDNESDAY LUNCH SERIES: CONVERSATIONS in CONFLICT RESOLUTION Beginning May 20 and for every two weeks thereafter, New York Law School will offer informal and provocative conversations with interesting leaders in the field of conflict avoidance, management and resolution. All … Continue reading NYLS Wednesday Lunch Conversations
This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program. This part describes … Continue reading Early Dispute Resolution Processes
From Leah Wing: Dear colleagues, I hope you and your loved ones are doing well under these stressful circumstances. The International Council for Online Dispute Resolution has just issued Guidelines for Video Mediation and Video Arbitration. We hope they are useful as the ADR practitioners and courts rapidly expand their use of technology. They are works in progress … Continue reading ICODR Guidelines for Video Mediation and Video Arbitration
I am posting, with permission, an email from CPR’s Richard Murphy with information from a great webinar that Tom Valenti did for CPR about using zoom for mediation and arbitration. As time goes on, I’m sure there will be more programs about how to take advantage of video and other technological capabilities to enhance the … Continue reading Basics of Mediation and Arbitration with Zoom
On February 28, the International Institute for Conflict Prevention and Resolution (CPR) presented its awards for 2020. The award ceremony was part of CPR’s annual meeting, in St. Petersburg, Florida. The Award for Outstanding Professional Article recognizes articles published by academics and other professionals that advance understanding in the field of ADR. It was presented … Continue reading 2020 CPR Awards
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