Tag Archives: Lawyering

How Do You Want to Use the Real Practice Checklists?

I received many enthusiastic responses to my menu of mediation checklists, including that they are “interesting,” “informative,” “so very useful,” “really helpful,” “great,” “excellent,” “wonderful,” “fantastic,” “invaluable,” “impressive,” “very thorough,” “brilliant,” and “utterly awesome” resources.  “Just wow!” No kidding. The checklists are part of the Real Practice System Project.  Although it has focused particularly on … Continue reading How Do You Want to Use the Real Practice Checklists? →

Real Practice Systems Project Annotated Bibliography

Gary Doernhoefer, the founder of ADR Notable, suggested that I produce a bibliography for its users.  ADR Notable is an app providing case management software to help mediators handle case intake, bill clients, manage client documents, develop checklists and task reminders, take notes, build documents, and manage client relationships generally. Gary recognized that our respective … Continue reading Real Practice Systems Project Annotated Bibliography →

Randy Kiser’s New Book on Professional Judgment for Lawyers

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Randall Kiser just published another great book relevant to our community, Professional Judgment for Lawyers. Randy is the principal analyst at DecisionSet®, which consults with lawyers and law firms to improve their effectiveness.  This earlier post describes his background and his book, Soft Skills for the Effective Lawyer.  That book presents research showing that legal … Continue reading Randy Kiser’s New Book on Professional Judgment for Lawyers →

Taking Advantage of the NextGen Bar to Stimulate Changes in Legal Education

At this year’s excellent AALS ADR Section Works-in-Progress conference, I invited people to share their perspectives about how we can take advantage of the NextGen bar exam to stimulate changes in legal education. This short article suggests how reformers can do this, and it includes colleagues’ ideas from the conference. Starting in July 2026, the … Continue reading Taking Advantage of the NextGen Bar to Stimulate Changes in Legal Education →

The LEAPS Project

Until recently, the University of Oregon Law School graciously hosted the website of the Legal Education, ADR, and Practical Problem-Solving (LEAPS) Project. This short article describes the history of the project and presents the materials it developed. The project promoted “practical problem-solving” (PPS), which was defined as including interpersonal skills, general lawyering skills, dispute resolution … Continue reading The LEAPS Project →

Teaching Students to Focus on Party Decision-Making

I was thrilled that my recent post, Focus on Party Decision-Making, prompted a stimulating conversation on the DRLE listserv, including thoughtful comments by Mary Bedikian, Doug Frenkel, Dwight Golann, Deborah Hensler, Charlie Irvine, Andrew Mamo, Cash Nickerson, Peter Philips, Jim Stark, Jean Sternlight, Nancy Welsh, and Roselle Wissler. This post discusses some issues in the … Continue reading Teaching Students to Focus on Party Decision-Making →

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? →

Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum

I just saw that two very impressive people in our field, Kris Franklin and Peter Phillips, wrote an excellent article, Pass the Salt: Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum, 23 Pepp. Disp. Resol. L.J. 1 (2023), building on the work that many of us have done.  Here’s the abstract: Attorneys work with clients … Continue reading Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum →

Should We Get Rid of the Bar Exam?

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It may be a weird time to suggest getting rid of bar exams considering that bar exams will soon include questions about client counseling and advising, negotiation and dispute resolution, and client relationship and management. Inclusion of these subjects on the bar exam could lead to welcome changes in legal education to better prepare law … Continue reading Should We Get Rid of the Bar Exam? →