Until January 27, I hadn’t planned to develop an AI tool for dispute resolution . That changed when I Zoomed into a program where Susan Guthrie showed how AI could be used in mediation. A brief conversation at the end shifted from mediating disputes to improving writing – and that’s when a light bulb lit … Continue reading The Artificially Intelligent RPS Negotiation and Mediation Coach
You probably teach students or train practitioners about BATNA – everybody loves BATNA. You may think you understand it correctly. There’s a good chance you don’t – and that you spread your misunderstandings like a virus. So you might want to read my latest Theory Meets Practice column in CPR’s Alternatives magazine, What’s the Matter … Continue reading What’s the Matter with BATNA?
Brian Pappas, Bridget McCormack and I are seeking submissions to include in our upcoming book project that we intend to publish with DRI Press. We previously invited a small group of experts in Negotiation, Mediation and Arbitration to submit their favorite exercise to us, and received some great entries. We are now widening our call, … Continue reading Please Send Us Your Favorite ADR Exercise(s)!
“The mediation failed.” This statement implies that reaching agreement is the only measure of success. It also implies that the mediation process failed, not that the parties made a legitimate decision not to settle during a mediation session. When you hear someone say that, does smoke come out of your ears? Do you get hot … Continue reading How You Can Speak Dispute Resolution Well
This year, I wrote a lot of blog posts and short SSRN articles about the Real Practice Systems (RPS) Project, particularly about attorneys’ real practice systems and legal education. The Project is designed to improve understanding about how dispute resolution practitioners think and act and to help practitioners act more consciously and intentionally. I updated … Continue reading Updates to Collections of Real Practice Systems Project Publications
If so, take a look at this Model Mediation Course Syllabus With Teaching Notes – even if you are teaching a dispute resolution course other than mediation. The model syllabus includes a menu of topics, readings, and simulations that can be incorporated in many DR courses. It includes links to short readings for students that … Continue reading Are You Preparing a Dispute Resolution Course Next Semester?
At this year’s AALS ADR Section WIP Conference, I presented data showing that more than 90% of law school mediation courses and more than 90% of the coverage in popular mediation texts focus on the mediator’s role. I asked people what they think the emphasis generally should be in generic mediation courses, and here are … Continue reading If You Will Teach Mediation (or Other DR Course) Next Year, Read This
10%. That percentage – or less – is the rough proportion of the mediation curriculum devoted to mediation representation in US law schools, including about: 6% of mediation clinic courses 9% of mediation simulation courses 3-9% of the coverage in some mediation textbooks 7% of the coverage in many mediation courses Is it too much … Continue reading Is 90% Too Much?
As we know, American attorneys regularly represent clients in mediation. There’s a ton of theory about mediation generally but much less about mediation representation. I just posted an article, Theory and Practice of Mediation Representation, which presents a theoretical analysis based on Real Practice System Theory. The following graphic provides an overview, which the article … Continue reading Theory and Practice of Mediation Representation
There are many new mediation syllabi on the DRLE website. There now are two pages for these syllabi. One page is for courses focused on the perspective of neutrals and the other focused on the perspective of representatives in mediation. Both webpages have separate sections for simulation and clinical courses. The webpages include a lot … Continue reading New Mediation Syllabi on DRLE Website
