Tag Archives: skills and techniques

Program on Anti-Racism and the Mediator’s Role on November 13

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

You Really Should Know About Kris Franklin

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

Study Finds That Law Schools Fail to Prepare Students to Work with Clients and Negotiate

I previously posted an overview of the excellent report by Ohio State Professor Deborah Jones Merritt and Institute for the Advancement of the American Legal System Research Director Logan Cornett, Building a Better Bar: The Twelve Building Blocks of Minimum Competence.  This report is based on insights from 50 focus groups with 201 participants conducted … Continue reading Study Finds That Law Schools Fail to Prepare Students to Work with Clients and Negotiate

TIRA

By definition, the LIRA book, which provides a framework for litigation interest and risk assessment, focuses on litigation. This post describes how it can be adapted for transactional negotiation – transaction interest and risk assessment, or TIRA. Three Elements The LIRA framework consists of assessment of three elements:  expected court outcome, future tangible costs of … Continue reading TIRA

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