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
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
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
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
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?
In a recent presentation to mediators in Michigan, I asked the audience to describe what was frustrating in their mediations. They often struggle when lawyers and parties are not prepared when they go to mediation, have unrealistic expectations, and act very emotionally. Their reactions prompted me to write this short article in the Michigan Dispute … Continue reading How Mediators Can Solve Tough Problems in Mediation
Legal academics and practitioners are professional feedback givers and receivers. Of course, faculty constantly give feedback to students – and also to colleagues. Faculty are frequently evaluated for hiring, promotion, and tenure decisions as well as about their publications and presentations, funding requests, and lots of other things. Practitioners regularly provide clients with feedback, often … Continue reading What I’m Reading – Thanks for the Feedback
People often say that dispute resolution processes aren’t “one size fits all.” When practitioners are asked to opine about hypothetical problems, they often say “it depends” and they make “case by case” decisions. They are telling the truth. Lawyers make complex decisions as negotiators, litigation advocates, and mediators based on a lot of factors, so … Continue reading Teaching Students to Think Like Practitioners
As an annual tradition, this is a reminder of some of my favorite things you might use in your courses as you gear up for next academic year. Here’s a link to the latest and greatest version of the “resource share” compiled by Sharon Press and Noam Ebner. Here’s a post suggesting how you can … Continue reading Readings and Resources for Teaching
Like it or not, facilitative and evaluative mediation are part of the social reality of our field. Despite the fact that these models are misleading and provide counterproductive concepts to guide mediators’ behaviors and set parties’ expectations, they are inescapable. They are standard elements in texts, courses, trainings, and general discourse in our field. They … Continue reading Reconciling Allegedly Alternative Mediation Models by Using DIY Models