Tag Archives: Skills and Techniques

Len Riskin Pulls It All Together in Managing Conflict Mindfully

I had the good fortune to be Len Riskin’s colleague from 2000, when I arrived in Missouri, until he moved to the University of Florida in 2007. He now is a Visiting Professor of Law and Distinguished Senior Fellow at the Center on Negotiation, Mediation, and Restorative Justice at Northwestern University Pritzker School of Law … Continue reading Len Riskin Pulls It All Together in Managing Conflict Mindfully

What We Do Is So Important

My colleague, Ilhyung Lee, pointed me to another graduation speech highlighting the importance of generally listening respectfully to and engaging with people we disagree with.  He sent me a link to a speech by University of Chicago Law Professor Tom Ginsburg, entitled “Conversation and Democracy.”  I had cited Bret Stephen’s speech and Jen Reynolds linked … Continue reading What We Do Is So Important

Go Forth and Argue

New York Times columnist Bret Stephens was the commencement speaker at the University of Chicago, and he published his speech, Go Forth and Argue. Arguing may seem like the antithesis of negotiation and mediation.  But it’s not – at least not if we sincerely listen to others with differing views, are open to reconsidering our … Continue reading Go Forth and Argue

Avatar Mediation

I’m sure no techie, but probably like you, I have been intrigued about stories about the ChatGPT program.  One illustration was in my post, A Mediator and a Bot Walk into a Bar … Of course, artificial intelligence almost certainly will become much more sophisticated in the foreseeable future.  Major tech firms have been working … Continue reading Avatar Mediation

The Gift of Really Listening

New York Times columnist David Brooks wrote a touching essay about his reactions to a lifelong friend’s struggle with depression and ultimate suicide. Mr. Brooks gave Pete advice about how to deal with his depression – and found that his efforts were counterproductive. It’s only later that I read that when you give a depressed … Continue reading The Gift of Really Listening

New Book on Effectively Representing Clients in Family Mediation

Forrest (Woody) Mosten, Elizabeth Potter Scully, and Lara Traum’s book, Effectively Representing Clients in Family Mediation, was just published by the ABA.  This is particularly valuable because many parties rely on lawyers to represent them in mediation, and there probably are many more lawyers who act as advocates in mediation than those who mediate. The … Continue reading New Book on Effectively Representing Clients in Family Mediation

How The Real Practice Systems Project Can Help Improve Mediation Quality

Improving mediation quality is tricky.  This post describes how the Real Practice Systems Project can help. In Principles for Policymaking about Collaborative Law and Other ADR Processes, I argued that policymakers generally should consider non-regulatory policy options before adopting new rules. Non-regulatory approaches include training for disputants and professionals, dispute referral mechanisms, technical assistance for ADR … Continue reading How The Real Practice Systems Project Can Help Improve Mediation Quality

Would You Like to Get the Benefit of the Real Practice Systems Project and Share Your Experiences?

I am doing a research study entitled “Assessment of Real Practice Systems Experience” to assess how well Real Practice Systems assignments and exercises have worked in courses, trainings, and continuing education programs as well as for individual practitioners.  I’m writing to invite you to participate in this study. In this document, I describe how faculty … Continue reading Would You Like to Get the Benefit of the Real Practice Systems Project and Share Your Experiences?