Tag Archives: Skills and Techniques

AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think

Imagine doing your work without word processing, spell checkers, email, the internet, search engines, voicemail, cell phones, or Zoom. That’s how you’ll probably feel in the not-too-distant future about working without artificial intelligence (AI). Innovations often seem radical at first.  In time, people just take them for granted. ABA Formal Opinion 512 states that lawyers … Continue reading AI and Dispute Resolution: Why You’ll Need It Sooner Than You Think →

Using AI to Improve Your Writing (Without Losing Your Voice)

In my last post, I described what it’s like to write with RPS Coach, the AI tool I trained using my own writing.  The process is unbelievably effective, sometimes eerie, and surprisingly enjoyable. If you missed it, here’s the short version:  I upload what I’m writing and a style guide that describes my writing style.  … Continue reading Using AI to Improve Your Writing (Without Losing Your Voice) →

RPS Coach is Biased – And Proud of It

We all know that it’s bad to be biased, right? Wrong.  That assumption is its own bad bias. Biases are inevitable – in humans and bots alike. Some biases are harmful.  Others are helpful.  Many are neutral. But bias itself is unavoidable. So bias isn’t a problem in itself.  Pretending otherwise is. This post describes … Continue reading RPS Coach is Biased – And Proud of It →

Using RPS Coach in Simulations

AI tools can help students and trainees get more out of simulations, which are key parts of many courses and trainings.  People generally love doing simulations but often don’t have enough time to get their full benefit.  That’s where AI really can add value. Training the Coach The RPS Negotiation and Mediation Coach (RPS Coach) … Continue reading Using RPS Coach in Simulations →

What’s the Matter with BATNA?

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You probably teach students or train practitioners about BATNA – everybody loves BATNA. You may think you understand it correctly. There’s a good chance you don’t – and that you spread your misunderstandings like a virus. So you might want to read my latest Theory Meets Practice column in CPR’s Alternatives magazine, What’s the Matter … Continue reading What’s the Matter with BATNA? →

Please Send Us Your Favorite ADR Exercise(s)!

Brian Pappas, Bridget McCormack and I are seeking submissions to include in our upcoming book project that we intend to publish with DRI Press. We previously invited a small group of experts in Negotiation, Mediation and Arbitration to submit their favorite exercise to us, and received some great entries. We are now widening our call, … Continue reading Please Send Us Your Favorite ADR Exercise(s)! →

Updates to Collections of Real Practice Systems Project Publications

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 →

Are You Preparing a Dispute Resolution Course Next Semester?

If so, take a look at this Model Mediation Course Syllabus With Teaching Notes – even if you are teaching a dispute resolution course other than mediation. The model syllabus includes a menu of topics, readings, and simulations that can be incorporated in many DR courses.  It includes links to short readings for students that … Continue reading Are You Preparing a Dispute Resolution Course Next Semester? →

If You Will Teach Mediation (or Other DR Course) Next Year, Read This

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 →

New Edition of Michael Lang’s Book on Reflective Practice

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 →