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
From my colleague, Rafael Gely: As you begin to prepare your courses for the next academic year, the National Academy of Arbitrators’ Research and Education Foundation (REF), an organization that provides funding that promotes research, publications, and education that contribute to the field of labor and employment arbitration, wanted to share with you the following … Continue reading ADR and Labor & Employment Law Resources
From George Siedel: The ABA Business Law Section publishes Business Law Today, which recently started a tools section. Here is a link to my piece on negotiation tools. Take a look. [From the home page, click on the title of this post to access the tools.]
I developed a variety of assignments that faculty can use to help students better understand mediation, advocacy in mediation, negotiation, or other regular procedures. The assignments grow out of my article, Real Mediation Systems to Help Parties and Mediators Achieve Their Goals in the Cardozo Journal of Conflict Resolution. You might assign students to read … Continue reading More Ways to Help Students Understand Dispute Resolution Practice
My post, The Critical Importance of Pre-Session Preparation in Mediation, really resonated for some people. Clearly, pre-session preparation can help everyone involved in mediation to improve the process and outcomes. Many mediators and mediation programs routinely incorporate robust pre-session procedures in their mediation systems. Roselle Wissler and Art Hinshaw’s empirical study provides some good news … Continue reading Seeking Resources to Promote Pre-Session Preparation in Mediation
It’s indisputable that preparation before mediation sessions is very important – both for the participants and the mediators. This can make a huge difference in the process and outcome. Parties (and their lawyers, if any) need to be prepared to discuss the facts, law, interests, and/or negotiation approaches etc. This is hard enough when they … Continue reading The Critical Importance of Pre-Session Preparation in Mediation
From Sharon Press and Noam Ebner: The wait it over… the 2022 Legal Educators’ Resource Share is now out and is linked below, including the 2022 appendices! Noam and I are working on a version which will be indexed (and therefore easier to search) but we wanted you all to have this now as you … Continue reading Latest Resource Share Materials
As an annual tradition, this is a reminder of some of my favorite things you might use in your courses as you plan for next academic year. Here’s a post suggesting how you can teach students to use more realistic, thorough, and practical models of negotiation and mediation than we traditionally teach. Here’s a message … Continue reading Readings and Resources for Teaching
From Sharon Press: As you know, the ABA Section of Dispute Resolution will once again host a virtual conference in April and we are pleased to announce that the Resource Share will take place live (online) on Friday, April 29 from 5:00 – 6:00 pm Eastern. For those of you who are new to the … Continue reading Call for Submissions for ABA Resource Share – by April 15
That’s the title of a program I recently did for the Association of Northern [England] Mediators. I began by describing why formal mediation models, such as the facilitative and evaluative models, are incomplete and often misleading. Mediators constantly must answer the question “What do I do now?”, and the formal models don’t help in most … Continue reading How You Can Build a Mediation Model to Optimize Your Own Cases
