Tag Archives: Did You Hear About?

Washington State Follows Oregon and Wisconsin by Approving Alternatives to Bar Exam

3 Comments

“The Washington Supreme Court has adopted alternative pathways to a law license, becoming the second state to do so in a little more than four months,” according to this ABA Journal article.  The Court approved three ways to bypass a bar exam in Washington state, with different standards for law school graduates, law students and … Continue reading Washington State Follows Oregon and Wisconsin by Approving Alternatives to Bar Exam →

Do You Want to Be Helped, Heard or Hugged?

2 Comments

When Someone You Love Is Upset, Ask This One Question, writes New York Times “wellness columnist” Jancee Dunn. It’s a helpful question for almost anyone – including colleagues, students, and clients – even if you don’t love them.  This question can give people a sense of control, which they may really appreciate, especially when they … Continue reading Do You Want to Be Helped, Heard or Hugged? →

Gratitude Really Is Good for You

The New York Times published an encouraging article, Gratitude Really Is Good for You.  Here’s What the Science Shows.  Here are some excerpts. Giving, receiving and even witnessing gratitude can improve your well-being, especially during difficult times.  . . . To date, numerous studies have found that having a grateful outlook, “counting one’s blessings” and … Continue reading Gratitude Really Is Good for You →

Focus on Party Decision-Making

3 Comments

A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes.  Attorneys often acted paternalistically, taking control over virtually every aspect of the cases.  The legal system … Continue reading Focus on Party Decision-Making →

Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System

Charlie Irvine is the Course Leader on the University of Strathclyde’s (Scotland) MSc/LLM in Mediation and Conflict Resolution and the Director of the Strathclyde Mediation Clinic.  The Clinic provides a free mediation service in which experienced practitioners work alongside trainee mediators to help people resolve disputes without going to court or tribunal. The following is … Continue reading Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System →

How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?

If there’s anything approaching unanimity in our field, it’s that it’s important to prepare in dispute resolution processes like mediation. So it’s almost boring to write about it.  But I found some things that should be interesting and helpful for parties, practitioners, and mediation program administrators. Last December, I wrote a short article, The Critical … Continue reading How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions? →

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 →

Go Forth and Argue

3 Comments

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 →

The Deplorable Vanishing of Fox’s Trial-Part 2

3 Comments

I posted my short article, The Deplorable Vanishing of Fox’s Trial, on the NYC-DR listserv, which prompted several responses including this one: Given the magnitude of the settlement I question whether the judge imploring the parties to settle made much difference.  I do think the decisions on the summary judgment motion, which left open only … Continue reading The Deplorable Vanishing of Fox’s Trial-Part 2 →