Tag Archives: skills and techniques

Nebraska Adopts Standards of Practice for Restorative Justice Facilitators

From BFOI Kristen Blankley: The State of Nebraska adopted Standards of Practice for Restorative Justice Facilitators (“Nebraska RJ Standards”), which can be found here. Kristen Blankley (University of Nebraska) chaired the committee responsible for drafting the standards, and committee involved stakeholders from across the state, including Dan Bechtol (Executive Director, Concord Mediation Center), Monica Miles-Steffens … Continue reading Nebraska Adopts Standards of Practice for Restorative Justice Facilitators

Kluwer Mediation Blog Post on the Evolution of Mediation

I just became a guest writer for the Kluwer Mediation Blog, which features academics and practitioners from around the world.  I want to cross-pollinate Indisputably and KMB by encouraging subscribers of each blog to subscribe to the other.  I hope to stimulate conversations between our communities. My first KMB post is The Evolution To Planned … Continue reading Kluwer Mediation Blog Post on the Evolution of Mediation

BATNA May Be Less Important Than You Think – and Teach

Everyone loves BATNA.  It has more than 16 million hits on Google. I have loved BATNA too.  Of course, people should consider alternatives to a negotiated agreement when negotiating or mediating. Unfortunately, people have loved BATNA so much that it has become a cliché that is widely misunderstood, even by some dispute resolution experts. When … Continue reading BATNA May Be Less Important Than You Think – and Teach

Want to Talk About Mediators Causing Impasses?

Respected mediator Michael Lang conducts monthly case consultation / reflective practice group sessions for the ABA Section of Dispute Resolution’s Mediation Committee. The next one is on Wednesday, July 15, 2020, 12:00-1:00 pm, ET, and focuses on mediators causing impasses. Here’s the description of the program: Have you noticed that most things written for mediators … Continue reading Want to Talk About Mediators Causing Impasses?

Dispute System Design Discussion on July 29

The National Center for Technology and Dispute Resolution  hosted a panel discussion and book launch on Wednesday, July 29. The program is entitled “Dispute System Design for the 21st Century.” The book is Dispute Systems Design: Preventing, Managing and Resolving Conflict by Lisa Blomgren Amsler, Janet K. Martinez, and Stephanie E. Smith, published by Stanford … Continue reading Dispute System Design Discussion on July 29

One Day Sale on ABA books – May 1 only – 30% off

I want to pass along a notice of a one day sale on ABA books. Friday, May 1 is Law Day and ABA Publishing is celebrating this special day by offering a promotion of 30% off + free ground shipping on all books and e-books. This is a one-day sale similar to the annual Cyber … Continue reading One Day Sale on ABA books – May 1 only – 30% off

Dispute Prevention and Early Dispute Resolution Framework

This is the final part of a three-part series on litigation interest and risk assessment (LIRA) and early dispute resolution procedures.  The first part explains how lawyers can use LIRA procedures to help clients make better decisions about litigation and negotiation.  The second part describes some early dispute resolution procedures, which can benefit from good … Continue reading Dispute Prevention and Early Dispute Resolution Framework

Early Dispute Resolution Processes

This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program.  This part describes … Continue reading Early Dispute Resolution Processes

Basics of Mediation and Arbitration with Zoom

I am posting, with permission, an email from CPR’s Richard Murphy with information from a great webinar that Tom Valenti did for CPR about using zoom for mediation and arbitration.  As time goes on, I’m sure there will be more programs about how to take advantage of video and other technological capabilities to enhance the … Continue reading Basics of Mediation and Arbitration with Zoom

Kristen Blankley’s Paper on Online Resources and Implementing Parenting & Financial Plans

From BFOI Kristen Blankley: Colleagues, Here is a near-final draft of an upcoming paper that I am publishing in the Fordham Law Review.  It is about Online Resources and implementing Parenting & Financial Plans. Maybe it will give some people new ideas on working with parenting and financial plans in a pandemic. It might give … Continue reading Kristen Blankley’s Paper on Online Resources and Implementing Parenting & Financial Plans

Webinar Recording About Transitioned Classes and Online Simulations

From OFOI Noam Ebner: Hi all, The video of the webinar that Sharon Press and I gave last week on conducting simulations in courses transitioning to Zoom and other videoconferencing platforms is now available here.  The question about setting up breakup rooms in zoom in advance, asked at about minute 29:00 in the webinar, is … Continue reading Webinar Recording About Transitioned Classes and Online Simulations

How to Calculate and Use BATNAs and Bottom Lines with LIRA

Everyone talks about knowing one’s BATNA in negotiation and mediation.  But that’s a lot easier said than done. In litigated cases, the value of the BATNA usually is the expected trial outcome, but that is notoriously hard to predict for many reasons.  The outcome of numerous legal and factual issues may depend on the evidence, … Continue reading How to Calculate and Use BATNAs and Bottom Lines with LIRA