Many of the people we admire for their work on dispute resolution aren’t formally part of the dispute resolution community. They include lawyers, judges, law professors, and others whose work embodies the spirit of our field – even when they use different language, work in other disciplines, or serve in different roles. Some time ago, … Continue reading You Really Should Know About John Inazu
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
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
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
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?
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
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
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
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
Noam Ebner circulated the latest version of his ODR bibliography in June and this is a belated post to circulate it. It focuses mostly on books, book chapters, and journal articles on ODR. It also includes a less comprehensive collection of writing in trade and professional journals, conference proceedings, and other formats. Take a look.
