People often say that dispute resolution processes aren’t “one size fits all.” When practitioners are asked to opine about hypothetical problems, they often say “it depends” and they make “case by case” decisions. They are telling the truth. Lawyers make complex decisions as negotiators, litigation advocates, and mediators based on a lot of factors, so … Continue reading Teaching Students to Think Like Practitioners
As an annual tradition, this is a reminder of some of my favorite things you might use in your courses as you gear up for next academic year. Here’s a link to the latest and greatest version of the “resource share” compiled by Sharon Press and Noam Ebner. Here’s a post suggesting how you can … Continue reading Readings and Resources for Teaching
Like it or not, facilitative and evaluative mediation are part of the social reality of our field. Despite the fact that these models are misleading and provide counterproductive concepts to guide mediators’ behaviors and set parties’ expectations, they are inescapable. They are standard elements in texts, courses, trainings, and general discourse in our field. They … Continue reading Reconciling Allegedly Alternative Mediation Models by Using DIY Models
Peter T. Coleman, professor of psychology and education at Columbia University, an award-winning scholar and a prolific author, recently published his latest book, The Way Out: How to Overcome Toxic Polarization. He holds a joint appointment at Teachers College and The Earth Institute. In his spare time, he is the director of the Morton Deutsch … Continue reading Peter Coleman’s Outstanding Evidence-Based Work on Reducing Polarization
This was the question I had to answer when planning a lecture. I was a speaker in a course offered by the Universidad Monteavila in Caracas, Venezuela. My wonderful colleague, Rafael Gely, organized this collaboration with Missouri’s DR Center to provide a series of speakers, including me. My Venezuelan colleague told me that I could … Continue reading If You Had Only One Hour to Describe ADR, What Would You Say?
Paul M. Lurie, now a retired partner at Schiff Hardin LLP, in 2013 created the Guided Choice Interest Group and its website. It established what is now known as the Guided Mediation, which was originally called Guided Choice Mediation. Here’s his description of the current process. Guided Mediation is a collection of best practices … Continue reading Paul M. Lurie on Guided Mediation
A quarter century ago, Professor Len Riskin published an article describing a grid of mediator orientiations including a facilitative-evaluative dimension. Despite critiques of this framework, including by Len himself, many mediators, trainers, and teachers still use these concepts as mediation models, expressing strong feelings that one model is good and the other is bad. These … Continue reading We Should Replace Mediation Models with a Unified Conceptual Framework
The Washington Post just published an article, Five Things Worth Knowing About Empathy. Take a look. Click on the title of this post to access the article.
Imagine that you just stared into the neuralyzer in Men in Black. It wiped out all your memory of the traditional bundled of models of mediation and negotiation. You know – facilitative and evaluative mediation, interest-based and positional negotiation, etc. etc. The neuralyzer also vaporized all references to them in texts and teaching materials. You’re … Continue reading Merging Mediation Models – And Other Lessons
The good folks at the Association for Conflict Resolution of Greater New York and CUNY Dispute Resolution Center at John Jay College invited me to give a talk as part of their monthly breakfast series. Last week, I gave a presentation, Helping Parties Make Decisions About What’s Really Important, which synthesizes ideas I have been … Continue reading Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes
From TFOI Robyn Weinstein: The ADR Department of the US District Court for the Eastern District of New York and the Columbia Law School Ethics Colloquium will present a program, Anti-Racism and the Mediator’s Role: Irreconcilable Differences or Ethical Imperative?, on Friday, November 13, 2020, from 12:00pm – 1:30pm. The program is free and 1.5 … Continue reading Program on Anti-Racism and the Mediator’s Role on November 13
Kris Franklin is a kindred spirit to folks in our community. I hadn’t heard of her until I was wowed by her conversation with Peter Philips, which you can see in this 42-minute video. She’s a professor at New York Law School and here’s an excerpt from her webpage: An academic innovator, Kris Franklin brings … Continue reading You Really Should Know About Kris Franklin