Brian Farkas has been deeply involved in our field since he was a student at Cardozo, where he was the editor-in-chief of the Cardozo Journal of Conflict Resolution. He is an attorney at ArentFox Schiff LLP, a prolific author and speaker, and a regular adjunct professor at Cardozo. He is one of the people who … Continue reading Brian Farkas: Using Checklists in My Course on the Law of Settlement
Jeff Trueman is a Maryland mediator who you may recall from my post, Jeff Trueman’s Study on Nightmares of “Positional” Tactics in Mediation. He is one of the people who responded to my request for people to describe how the Real Practice System checklists can be helpful. I said that people could write as little … Continue reading Jeff Trueman: Checklists Are More Important Than I First Thought
I received many enthusiastic responses to my menu of mediation checklists, including that they are “interesting,” “informative,” “so very useful,” “really helpful,” “great,” “excellent,” “wonderful,” “fantastic,” “invaluable,” “impressive,” “very thorough,” “brilliant,” and “utterly awesome” resources. “Just wow!” No kidding. The checklists are part of the Real Practice System Project. Although it has focused particularly on … Continue reading How Do You Want to Use the Real Practice Checklists?
Gary Doernhoefer, the founder of ADR Notable, suggested that I produce a bibliography for its users. ADR Notable is an app providing case management software to help mediators handle case intake, bill clients, manage client documents, develop checklists and task reminders, take notes, build documents, and manage client relationships generally. Gary recognized that our respective … Continue reading Real Practice Systems Project Annotated Bibliography
Gary Doernhoefer, the founder of ADR Notable, suggested that I produce checklists for its users. ADR Notable is an app providing case management software to help mediators handle case intake, bill clients, manage client documents, develop checklists and task reminders, take notes, build documents, and manage client relationships generally. Gary recognized that our respective work … Continue reading Real Practice Systems Project Menu of Mediation Checklists
A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes. Attorneys often acted paternalistically, taking control over virtually every aspect of the cases. The legal system … Continue reading Focus on Party Decision-Making
Charlie Irvine is the Course Leader on the University of Strathclyde’s (Scotland) MSc/LLM in Mediation and Conflict Resolution and the Director of the Strathclyde Mediation Clinic. The Clinic provides a free mediation service in which experienced practitioners work alongside trainee mediators to help people resolve disputes without going to court or tribunal. The following is … Continue reading Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System
If there’s anything approaching unanimity in our field, it’s that it’s important to prepare in dispute resolution processes like mediation. So it’s almost boring to write about it. But I found some things that should be interesting and helpful for parties, practitioners, and mediation program administrators. Last December, I wrote a short article, The Critical … Continue reading How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?
How cool would it be for your students to interview lawyers, mediators, arbitrators, or other practitioners about how they really think and act in their work? Practitioners generally develop their own categories of routine and challenging situations in their work, and they develop regular practices and strategies for dealing with them. In mediation, this involves … Continue reading Teaching Students How Practitioners Really Think and Act
In The Critical Importance of Pre-Session Preparation in Mediation, I explained why parties’ preparation for their mediation sessions can produce many significant benefits. This post suggests that preparation before mediation sessions is an important opportunity for parties to empower themselves. People have used the concept of “empowerment” in mediation in various ways, as I described … Continue reading Party Self-Empowerment from Preparation for Mediation Sessions
