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
Michaela Keet and Heather Heavin (Saskatchewan), have been studying “litigation interest and risk assessment” (LIRA), something you probably teach using different names. You probably emphasize the importance of analyzing BATNAs and preparing for negotiation and mediation, which are basic elements of LIRA. Building on their own and others’ research, they developed a simple but comprehensive … Continue reading Keet and Heavin on Why Litigation Interest and Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It
I have been getting in touch with lots of friends and colleagues encouraging them to consider using a Stone Soup assignment in one or more of their courses next year. Charity Scott, Georgia State, who used Stone Soup last year once in Negotiation and twice in Mediation, responded with this lovely email. “Nice to hear … Continue reading Charity Scott’s Reflections on Stone Soup
The ABA Section of Dispute Resolution announced two programs that look really good. One is a webinar, Evaluation: A Potential Tool in Your Mediation Strategy, on July 25, and the other is a Relational Practice Virtual Summit on September 4-7. Video Webinar on Evaluation in Mediation The ADR Section is trying something new – a free … Continue reading ABA Programs on Evaluation in Mediation and Relational Practice
“[I]f . . . I act for the Big Bad Wolf against Little Red Riding Hood and I don’t want this dispute resolved, I want to tie it up as long as I possibly can, and mandatory mediation is custom made. I can waste more time, I can string it along, I can make sure … Continue reading A Good Bad-Faith Policy?