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
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?
