Tag Archives: Skills and Techniques

Planning for Good Quality Decision-Making in Mediation Using Two-Stage Mediation

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Canadian mediator Rick Weiler wrote a blog post raising concerns about whether predominant model of commercial mediation using a single three- or six-hour session promotes good decision-making by litigants.  He wrote: The current commercial mediation model handed down over the past 30 years is working just fine for lawyers and mediators (not to mention the … Continue reading Planning for Good Quality Decision-Making in Mediation Using Two-Stage Mediation →

Best Practices in International Arbitration Symposium on March 13

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From BGOI Richard Peterson: USC’s Judge Judith O. Hollinger Program in Alternative Dispute Resolution is sponsoring the USC/JAMS Fourth Annual Symposium: Best Practices in International Arbitration. Network with dispute resolution industry experts and earn MCLE credit at our 4th Annual USC Gould/JAMS Arbitration Symposium.  The symposium will take place at USC Gould on March 13, … Continue reading Best Practices in International Arbitration Symposium on March 13 →

CRQ Call for Submissions: Peacebuilding in Divided Societies at Home and Abroad

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From Susan Raines, editor-in-chief of the Conflict Resolution Quarterly: Conflict Resolution Quarterly (CRQ) is an interdisciplinary, peer-reviewed journal indexed with EBSCOhost that has been in publication since the early 1980’s.  CRQ publishes scholarship on relationships between theory, research, and practice in the conflict management and dispute resolution field to promote more effective professional applications.  Conflict … Continue reading CRQ Call for Submissions: Peacebuilding in Divided Societies at Home and Abroad →

How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation?

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I recently visited our DR friends and colleagues at Quinnipiac, courtesy of an invitation from Charlie Pillsbury, the co-director of their Center on Dispute Resolution.  He invited me to give a talk as part of the Quinnipiac-Yale Dispute Resolution Workshop. I tested some ideas from the book I am writing with Michaela Keet and Heather … Continue reading How Can Practitioners Help Clients Assess Their Interests and Risks in Litigation? →

Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments

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Litigation offers many potential benefits.  It can help people solve difficult problems, make relationships and institutions function properly, and promote justice.  It enables people to enlist legitimate, independent government officials to resolve disputes when the parties can’t resolve disputes themselves.  Indeed, litigation provides mechanisms for structuring dispute resolution processes that enable most parties to ultimately … Continue reading Reality-Testing Questions for Real Life and Simulations – and Ideas for Stone Soup Assignments →

Readings and Resources for Teaching

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As you gear up for the new year, here’s a reminder of some of my favorite things you might require or recommend that students read. My short “Letter to Kelly” provides advice for new 1Ls.  If you teach a 1L course, you might assign it even though it doesn’t focus on any particular 1L subject. … Continue reading Readings and Resources for Teaching →

Keet and Heavin on Why Litigation Interest and Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It

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Michaela Keet and Heather Heavin (Saskatchewan), have been studying “litigation interest and risk assessment” (LIRA), something you probably teach using different names.  You probably emphasize the importance of analyzing BATNAs and preparing for negotiation and mediation, which are basic elements of LIRA. Building on their own and others’ research, they developed a simple but comprehensive … Continue reading Keet and Heavin on Why Litigation Interest and Risk Assessment is So Darn Important for Lawyers and Mediators – And How You Can Make Stone Soup With It →

Charity Scott’s Reflections on Stone Soup

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I have been getting in touch with lots of friends and colleagues encouraging them to consider using a Stone Soup assignment in one or more of their courses next year. Charity Scott, Georgia State, who used Stone Soup last year once in Negotiation and twice in Mediation, responded with this lovely email. “Nice to hear … Continue reading Charity Scott’s Reflections on Stone Soup →

ABA Programs on Evaluation in Mediation and Relational Practice

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The ABA Section of Dispute Resolution announced two programs that look really good.  One is a webinar, Evaluation: A Potential Tool in Your Mediation Strategy, on July 25, and the other is a Relational Practice Virtual Summit on September 4-7. Video Webinar on Evaluation in Mediation The ADR Section is trying something new – a free … Continue reading ABA Programs on Evaluation in Mediation and Relational Practice →

Tenth Annual Securities Dispute Resolution Triathlon

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The Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law and the Financial Industry Regulatory Authority (FINRA) invite you to participate in the tenth annual Securities Dispute Resolution Triathlon, a competition of competence in the dispute resolution field. The Triathlon is the first and only competition to include negotiation, mediation, advocacy, and arbitration … Continue reading Tenth Annual Securities Dispute Resolution Triathlon →