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 (best alternative to negotiated agreement), 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 … 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 — and Here’s a Better Idea
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. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession, Technology, Government and Usage. Each key has between two … 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 Resources for Teaching About BATNA, Bottom Lines, and LIRA
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
