Tag Archives: Real Practice Systems

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 →

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?

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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? →

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 →