Tag Archives: Mediation

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!!

New York Law School Wednesday Conversations

GFOI Peter Phillips, the director of New York Law School’s ADR Skills Program, is a terrific interviewer and he is continuing the series of lunch time conversations with leading figures in our field.  Here’s an announcement of the next series of interviews. We are pleased to announce the fourth series of this popular event. Every … Continue reading New York Law School Wednesday Conversations

Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes

The good folks at the Association for Conflict Resolution of Greater New York and CUNY Dispute Resolution Center at John Jay College invited me to give a talk as part of their monthly breakfast series.  Last week, I gave a presentation, Helping Parties Make Decisions About What’s Really Important, which synthesizes ideas I have been … Continue reading Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes

Program on Anti-Racism and the Mediator’s Role on November 13

From TFOI Robyn Weinstein: The ADR Department of the US District Court for the Eastern District of New York and the Columbia Law School Ethics Colloquium will present a program, Anti-Racism and the Mediator’s Role: Irreconcilable Differences or Ethical Imperative?, on Friday, November 13, 2020, from 12:00pm – 1:30pm. The program is free and 1.5 … Continue reading Program on Anti-Racism and the Mediator’s Role on November 13

Need for Clear Language Initiative to un-Babel Our Models

Houston, We Have a Problem I’ve said it before, and I’ll say it again.  We use rotten language to describe our ideas and theories. Theory is important because it guides actions.  Concepts are building blocks of theory. It’s a real problem if we use different language for similar concepts or the same terms for different … Continue reading Need for Clear Language Initiative to un-Babel Our Models