Tag Archives: Mediation

Seriously, You’re Really Still Saying “Facilitative” and “Evaluative” Mediation in 2025?

We’ve all used the terms “facilitative” and “evaluative” to describe mediation as if everyone knows what they mean. Earlier this year, I surveyed experts about how they understand these terms – and how they think others understand them. Spoiler alert:  This study found that people are hopelessly confused about these terms, including experts in our … Continue reading Seriously, You’re Really Still Saying “Facilitative” and “Evaluative” Mediation in 2025? →

AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think

Imagine doing your work without word processing, spell checkers, email, the internet, search engines, voicemail, cell phones, or Zoom. That’s how you’ll probably feel in the not-too-distant future about working without artificial intelligence (AI). Innovations often seem radical at first.  In time, people just take them for granted. ABA Formal Opinion 512 states that lawyers … Continue reading AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think →

Zoom Program on May 28: Using AI to Help Mediators, Attorneys, and Parties

Would you like to see how a cool AI-DR tool works? If so, come to a program, Using AI to Help Mediators, Attorneys and Parties. It will be on Zoom on Wednesday, May 28, at 10 PT, 11 MT, noon CT, 1 ET.  The program will be an hour – and you can stay on … Continue reading Zoom Program on May 28: Using AI to Help Mediators, Attorneys, and Parties →

Collection of Resources about RPS Coach

I just posted a document collecting publications about the RPS Negotiation and Mediation Coach (RPS Coach), an AI tool designed to support good decision-making and reflective practice in negotiation and mediation. It includes brief descriptions and links to blog posts and articles about: Introducing RPS Coach Using Artificial Intelligence Tools Writing with the Coach Using … Continue reading Collection of Resources about RPS Coach →

New Article on Mediation Representation – and an Invitation for a Conversation at the ABA DR Conference

2 Comments

Many of us teach mediation courses focused on preparing students to serve as neutrals. Our courses don’t focus much on preparing them to represent clients in mediation, a role they are far more likely to perform soon after graduation. I just posted my latest Theory Meets Practice column for CPR’s Alternatives magazine, The Art of … Continue reading New Article on Mediation Representation – and an Invitation for a Conversation at the ABA DR Conference →

RPS Coach is Biased – And Proud of It

We all know that it’s bad to be biased, right? Wrong.  That assumption is its own bad bias. Biases are inevitable – in humans and bots alike. Some biases are harmful.  Others are helpful.  Many are neutral. But bias itself is unavoidable. So bias isn’t a problem in itself.  Pretending otherwise is. This post describes … Continue reading RPS Coach is Biased – And Proud of It →

Using RPS Coach in Simulations

AI tools can help students and trainees get more out of simulations, which are key parts of many courses and trainings.  People generally love doing simulations but often don’t have enough time to get their full benefit.  That’s where AI really can add value. Training the Coach The RPS Negotiation and Mediation Coach (RPS Coach) … Continue reading Using RPS Coach in Simulations →

The Artificially Intelligent RPS Negotiation and Mediation Coach

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 →

What’s the Matter with BATNA?

2 Comments

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? →

Please Send Us Your Favorite ADR Exercise(s)!

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)! →