This 4-page article riffs on comments at a program at the recent ABA Section of Dispute Resolution conference to illustrate how oxymoronic the terms “facilitative,” “evaluative,” and “empowerment” have become. When people use these terms, we kinda, sorta, probably think we know what they mean. But we don’t really know. The article suggests ways that … Continue reading Oxymorons R Us
I recently gave a presentation about how mediators use technology in their practices. The program was organized by the Technology and Mediation Committees of the ABA Section of Dispute Resolution and co-sponsored by seven other committees. I’m sure no tech expert but I used the program to collect data from practitioners who use technology in … Continue reading A Snapshot of How Mediators Use Technology These Days
At its midyear meeting, the ABA House of Delegates unanimously approved Resolution 500, which states: That the American Bar Association urges lawyers and all interested parties to increase the informed and voluntary use of Early Dispute Resolution: party-directed, non-adjudicative approaches to resolve disputes in a time-efficient and cost-effective manner, including, but not limited to, direct … Continue reading ABA Adopts Policy Encouraging Early Dispute Resolution
This short article uses Real Practice Systems (RPS) theory to identify things that mediators can do to improve their mediation skills. Mediators can begin by recognizing that they have a complex mediation practice system if they mediate regularly. The article includes links to a short video and articles to help them understand their unique systems. … Continue reading Top Ten Ways to Improve Your Mediation Skills
This post summarizes the discussion in a program entitled “Ready, Set, Mediate!” at the recent Court ADR Symposium. The program about helping parties prepare for mediation sessions was part of the ABA Section of Dispute Resolution’s annual conference. This post includes the audience’s experiences of problems due to inadequate preparation for mediation sessions and a … Continue reading Ready, Set, Mediate!
I’m excited to announce a Virtual Book Launch to introduce the new book: Family Dispute Resolution: Process and Practice, an Oxford University Press book. Please join us for the book launch on Friday, May 10th at noon CST. From the UA Little Rock Bowen of Law announcement: Professor Browe Olson and her co-editor, Peter Salem, … Continue reading Family Dispute Resolution: Process and Practice: Virtual Book Launch
The ABA Dispute Resolution Section recently awarded the D’Alemberte Raven Award to Susan Yates. Susan is incredibly deserving of this award. As Andrea Schneider previously posted, Susan Yates to receive D’Alemberte/Raven Award, Susan is a wonderful choice and an amazing resource in the dispute resolution world. She helped found Resolution Systems Inc. (RSI) and has worked diligently … Continue reading Susan Yates received the D’Alemberte Raven award
Helping You Do the Best Mediation You Can is Part 2 of a two-part series presenting action research about factors affecting mediators’ individual practice systems and how they can improve their systems. Part 1 describes a study of mediators at well-received educational programs to help them learn why they developed their particular practice systems and … Continue reading Helping Mediators Do the Best Mediation They Can
Psychologist Kenneth Kressel argued that mediators’ mental models of mediation are largely unconscious mixtures of formal models and “personal ‘mini-theories’ of conflict and role of mediators.” He defined mental schemas or models as “ideas the mediator holds about the role of the mediator; the goals to be attained (and avoided), and the interventions that are … Continue reading Why Do Mediators Mediate the Way They Do?
It’s not exactly breaking news that a major function of American law schools is to train an upper stratum of students for jobs as associates in elite law firms and as judicial clerks. Parsing appellate case opinions and ace-ing closed-book exams are tasks especially well designed for this purpose. Although these activities reflect some important … Continue reading Law Students Can Use Portfolios to Plan Their Practice Systems
