Tag Archives: Real Practice Systems

Updates to Collections of Real Practice Systems Project Publications

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 →

Is 90% Too Much?

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? →

Theory and Practice of Mediation Representation

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 →

Two Short Articles Proposing Courses Teaching Preparation and Advocacy in Dispute Resolution

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It’s not breaking news that law school graduates generally have difficulty working with clients, don’t understand the “big picture” of client matters, and aren’t well trained in negotiation. The problem for law students and law schools is exacerbated by the transition to the NextGen bar exam and a movement in various states to use alternative … Continue reading Two Short Articles Proposing Courses Teaching Preparation and Advocacy in Dispute Resolution →

If You Will Teach a Law School Mediation Course This Fall, Read This Article Right Away

Are you going to teach a law school mediation course this fall? If so, I suggest that you read It’s Time to Make Important Upgrades to Our Mediation Curriculum right away. It’s also relevant to ADR survey, negotiation, and lawyering courses. The article includes numerous suggestions and links to handy resources that you can incorporate … Continue reading If You Will Teach a Law School Mediation Course This Fall, Read This Article Right Away →

A Snapshot of How Mediators Use Technology These Days

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 →

Top Ten Ways to Improve Your Mediation Skills

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 →

Ready, Set, Mediate!

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! →

Helping Mediators Do the Best Mediation They Can

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 →

Why Do Mediators Mediate the Way They Do?

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? →