Paul M. Lurie, now a retired partner at Schiff Hardin LLP, in 2013 created the Guided Choice Interest Group and its website. It established what is now known as the Guided Mediation, which was originally called Guided Choice Mediation. Here’s his description of the current process. Guided Mediation is a collection of best practices … Continue reading Paul M. Lurie on Guided Mediation
A quarter century ago, Professor Len Riskin published an article describing a grid of mediator orientiations including a facilitative-evaluative dimension. Despite critiques of this framework, including by Len himself, many mediators, trainers, and teachers still use these concepts as mediation models, expressing strong feelings that one model is good and the other is bad. These … Continue reading We Should Replace Mediation Models with a Unified Conceptual Framework
Bill Marsh, a UK mediator and editor of the Kluwer Mediation Blog, wrote a good post about key characteristics of mediators: Warmth and Competence. He suggests that these are related to mediators’ self-reflection, authenticity, cultural competence, and timing. It’s a good, concise post you might share with your students. Take a look. [Click the title … Continue reading Important Mediator Characteristics
As you may have heard, Dwight Golann will receive the ABA Section of Dispute Resolution’s scholarship award this year. This has prompted a chorus of congratulations, and I join in the accolades for his work. For many reasons. Here are some of them. He continues to practice mediation and his mediations clearly inform his work. … Continue reading Appreciation of Dwight Golann
From GFOI Richard Peterson: The USC Gould Center for Dispute Resolution and JAMS are holding their fifth annual symposium with two upcoming webinars Wednesday, April 14, 2021 The Arbitrator’s Approach to Contract Interpretation Issues: Civil vs. Common Law Perspectives 8:00 a.m. Pacific / 11:00 a.m. Eastern / 5:00 p.m. London / 11:00 p.m. Singapore … Continue reading USC Gould Center for Dispute Resolution Fifth Annual Symposium
Anna Howard‘s new book, EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes, provides valuable insights about business disputing. It reports the findings of her study about mediation of EU cross-border commercial disputes, but the dynamics she describes occur in the US and probably many other countries as well. Anna … Continue reading Anna Howard’s New Book Examines Why Businesses Don’t Use Mediation – And Other Issues
Have you heard? After all the lousy movies and TV shows that provide ghastly depictions of mediation, Fox TV has produced a series, The Mediator with Ice-T that shows the public exactly how mediation works. What Judge Judy et al. do for courts, Ice-T does for mediation. Disputants tell their stories. Ice-T consults experts. Then … Continue reading Finally, A Mediation TV Program That Tells It Like It Is (Not)
Here are two programs you might want to tune into next week. On Tuesday, March 2, at 1 pm Eastern Time, I will give a free presentation sponsored by the ABA Section of Dispute Resolution’s Early Dispute Resolution Committee, entitled Evolution of Early Dispute Resolution and Where We Are Now. Click here for the zoom … Continue reading Two Upcoming Programs
I just wrote this post on the Kluwer Mediation Blog on this subject. It summarizes empirical research showing the huge chasm in perspectives between many lawyers and their clients. Lawyers often focus only on monetary issues in legal disputes, which drives many of their clients crazy because they are also very concerned about a wide … Continue reading Lawyers Are From Mars, Clients Are From Venus – and Mediators Can Help Communicate in Space
Jim Stark and Doug Frenkel just became scholars-in-residence with the International Academy of Mediators, following in the footsteps of Hal Abramson, Lela Love, and Dwight Golann. I have appreciated Doug and Jim’s work – actually of all the SiRs – and this post describes some of the things I appreciate about it. It also includes … Continue reading Appreciation of Doug Frenkel and Jim Stark
