Tag Archives: Skills and Techniques

Real Mediators’ Real Mediation Models

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Mediation theory generally focuses on models of mediation procedures.  While prescribed procedures obviously can be important factors affecting mediators’ behavior, traditional mediation theories are major oversimplifications that often don’t reflect the reality of how mediators actually think and act.  Many mediators agree with this critique, but these theoretical concepts still are widely used without much … Continue reading Real Mediators’ Real Mediation Models →

Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options

For a long time, Donna Shestowsky has conducted empirical studies of litigants’ perceptions about dispute resolution processes.  CPR’s Alternatives to the High Cost of Litigation magazine just published an article summarizing her study about parties’ expectations about the process used to resolve their cases.  The article is Why Client Expectations of Legal Procedures Must Be … Continue reading Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options →

Readings and Resources for Teaching

As an annual tradition, this is a reminder of some of my favorite things you might use in your courses as you plan for next academic year. Here’s a post suggesting how you can teach students to use more realistic, thorough, and practical models of negotiation and mediation than we traditionally teach. Here’s a message … Continue reading Readings and Resources for Teaching →

Gay Couples Can Teach Straight People a Thing or Two About Arguing

That’s the title of an article in the New York Times. It reports that “[s]ame-sex couples, on average, resolve conflict more constructively than different-sex couples, and with less animosity, studies have shown.” It cites researchers suggesting ideas that our field generally recommends including: Using humor to defuse anger Staying calm Being mindful of the other’s … Continue reading Gay Couples Can Teach Straight People a Thing or Two About Arguing →

How You Can Build a Mediation Model to Optimize Your Own Cases

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That’s the title of a program I recently did for the Association of Northern [England] Mediators. I began by describing why formal mediation models, such as the facilitative and evaluative models, are incomplete and often misleading.  Mediators constantly must answer the question “What do I do now?”, and the formal models don’t help in most … Continue reading How You Can Build a Mediation Model to Optimize Your Own Cases →

ABA Arbitration Training Institute on June 1-3

From Harrie Samaras: Registration is open for the ABA Section of Dispute Resolution’s 15th Arbitration Training Institute & Arbitration Practice Development Program. This in-person program is scheduled for June 1 – 3, 2022 at the Loyola University Chicago School of Law. As in previous years, the program features plenary sessions of seasoned arbitrators and advocates … Continue reading ABA Arbitration Training Institute on June 1-3 →

Humble Listening on the Bench

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This post provides excerpts from an op-ed by Neal Katyal, one of Supreme Court Justice Stephen Breyer’s former clerks.  Mr. Katyal describes Justice Breyer’s humility, recognition of his own biases, and openness to considering others’ points of view. There was, in short, a constitutional humility about Breyer.  He didn’t pretend to know the answer to every … Continue reading Humble Listening on the Bench →

Short Pieces You Might Want to Read

Peter Reilly’s call for updates on our scholarship prompted me to create the following lists of short articles and blog posts I wrote this year.  You might want to read some or see if any would fit into your syllabi as required or recommended readings addressing your teaching goals. The following pieces focus directly on … Continue reading Short Pieces You Might Want to Read →

What I’m Reading – Changing Minds

To resolve a dispute, one or more people need to change their minds.  Negotiation and mediation involve techniques to help people do just that. Obviously, this can be very difficult.  People have reasons for their positions and they may not change them easily. This post focuses on two approaches for changing minds, which are highlighted … Continue reading What I’m Reading – Changing Minds →

Simulations Based on Actual Cases – Why Reinvent the Wheel?

From Debra Berman: I know there have been many discussions over the years regarding how to effectively use simulations in negotiation and mediation classes.  After reflecting on my semester, I’d like to take this opportunity to reopen the conversation and provide you with my perspective. This year, I decided to substantially change how I utilize … Continue reading Simulations Based on Actual Cases – Why Reinvent the Wheel? →