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
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
For a forthcoming article about law school mediation courses, I developed a list of key values and principles that I think people in our field generally share. They are about the roles of practitioners – including both mediators and attorneys – when working with clients in mediation. Faculty can advocate them in any mediation course … Continue reading Shared Values and Principles in Mediation
Posting my short article, The Important Role of Attorneys in Promoting Parties’ Self-Determination in Mediation, on the NYC-DR listserv prompted several reactions. This post highlights and elaborates some points in my article. Why Law School Faculty Should Increase Instruction in Mediation Representation I’m a retired law professor who mediated and taught mediation for years. The … Continue reading Attorneys, Mediators, and Self-Determination
What about Mom and apple pie? For or against? Most people take for granted that all these things are indisputably good (at least in theory) though we usually don’t think much about why. Not so with Andrew Mamo. He recently published Unsettling the Self: Rethinking Self-Determination in Mediation, which deeply analyzes the meaning of self-determination. … Continue reading Are You in Favor of Self-Determination in Mediation?
Many of us know Ava Abramowitz, a retired Professorial Lecturer in Law at George Washington. She recently gave a presentation at the Garibaldi Inn of Court, “Making Words Matter.” The communication behaviors discussed in her presentation can give mediators, lawyers, disputants and litigants more tools to communicate. and in the process, help them develop additional … Continue reading Ava Abramowitz on Making Words Matter
It’s not breaking news that law school graduates generally have difficulty working with clients, don’t understand the “big picture” of client matters, and aren’t well trained in negotiation. The problem for law students and law schools is exacerbated by the transition to the NextGen bar exam and a movement in various states to use alternative … Continue reading Two Short Articles Proposing Courses Teaching Preparation and Advocacy in Dispute Resolution
This short article summarizes a program entitled Pracademically Speaking: Incorporating Real-World Legal Practice Into the Curriculum at the Legal Educators Colloquium during the annual conference of the ABA Section of Dispute Resolution. Debra Berman and Denise Peterson (South Texas College of Law Houston) and I gave the presentations. The article describes problems with legal curricula, … Continue reading Preparing Law Students for Real-World Practice
This short article uses Real Practice Systems (RPS) theory to identify things that mediators can do to improve their mediation skills. Mediators can begin by recognizing that they have a complex mediation practice system if they mediate regularly. The article includes links to a short video and articles to help them understand their unique systems. … Continue reading Top Ten Ways to Improve Your Mediation Skills
This post summarizes the discussion in a program entitled “Ready, Set, Mediate!” at the recent Court ADR Symposium. The program about helping parties prepare for mediation sessions was part of the ABA Section of Dispute Resolution’s annual conference. This post includes the audience’s experiences of problems due to inadequate preparation for mediation sessions and a … Continue reading Ready, Set, Mediate!
