Tag Archives: Recent Scholarship

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

If You Will Teach Mediation (or Other DR Course) Next Year, Read This

At this year’s AALS ADR Section WIP Conference, I presented data showing that more than 90% of law school mediation courses and more than 90% of the coverage in popular mediation texts focus on the mediator’s role.  I asked people what they think the emphasis generally should be in generic mediation courses, and here are … Continue reading If You Will Teach Mediation (or Other DR Course) Next Year, Read This

New Edition of Michael Lang’s Book on Reflective Practice

Pioneering family mediator Michael Lang just released the second edition of his book, The Guide to Reflective Practice in Conflict Resolution.  He provided an account of his development as a mediator as one of the Ten Real Mediation Systems.  He is the co-director of the Reflective Practice Institute International. Michael’s book builds on Donald Schön’s … Continue reading New Edition of Michael Lang’s Book on Reflective Practice

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?

Modern Mediation Practice in American Legal Cases

I recently published It’s Time to Make Important Upgrades to Our Mediation Curriculum, which notes significant changes in American mediation practice in the past five decades and suggests that law school faculty upgrade our mediation instruction accordingly. Modern Mediation Practice in American Legal Cases is a two-page summary of that article, which was published in … Continue reading Modern Mediation Practice in American Legal Cases

Ava Abramowitz on Making Words Matter

Many of us know Ava Abramowitz, a retired Professorial Lecturer in Law at George Washington. She recently gave a presentation at the Garibaldi Inn of Court, “Making Words Matter.”  The communication behaviors discussed in her presentation can give mediators, lawyers, disputants and litigants more tools to communicate. and in the process, help them develop additional … Continue reading Ava Abramowitz on Making Words Matter

Appreciating Elayne Greenberg’s Scholarship

Because scholars have academic freedom, we can write about anything we want, without direction by deans or clients.  So our choice of topics and perspectives is a good indicator of what we really care about. Over the years, I was struck by the eclectic mix of subjects that Elayne Greenberg wrote about.   A common thread … Continue reading Appreciating Elayne Greenberg’s Scholarship

Randy Kiser’s New Book on Professional Judgment for Lawyers

Randall Kiser just published another great book relevant to our community, Professional Judgment for Lawyers. Randy is the principal analyst at DecisionSet®, which consults with lawyers and law firms to improve their effectiveness.  This earlier post describes his background and his book, Soft Skills for the Effective Lawyer.  That book presents research showing that legal … Continue reading Randy Kiser’s New Book on Professional Judgment for Lawyers

Blankley: A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters

Professor Kristen Blankley (Nebraska) recently published A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters. This article considers the state of federal court jurisdiction to hear arbitration matters in the wake of the 2022 decision of Badgerow v. Waters.  Here’s the abstract: The Supreme Court’s 2022 Badgerow v. Waters decision attempts to … Continue reading Blankley: A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters