Peter Reilly (Texas A&M) directed the panel to discuss where mediation is going. Erin Archerd (Detroit Mercy) Is restorative justice different than mediation or really mediation itself? Like mediation, it is a part of “peace making,” and like mediation we need to ask ourselves whether the process has been lessened in the name of results. … Continue reading Worries and Hopes as We Look to the Future
Michael Greene (Texas A&M) posed questions to each panelist to get them started, and their remarks are below. Lisa Blomgren Amsler (Indiana) She started with a discussion of the dispute system design process in general, discussing stakeholders, processes and structures, context and culture, resources, as well as all kinds of implicit assumptions with each which … Continue reading Different Frames for Assessing What Mediation Provides
Cynthia Alkon (Texas A&M) moderated this program and started with this simple question – why are you bullish on mediation? Jim Alfini (South Texas) He is generally positive because mediation has been able to thrive in all kinds of environments, for example the move to Zoom during the pandemic was swift and smooth. And now … Continue reading Bullish on Mediation
Here is my summary of Nancy Welsh’s (Texas A&M) opening remarks. After a historical overview of mediation from biblical times to the founding of the modern mediation movement, she offered several questions illustrating the diversity of mediation. What does mediation look like – how is it structured, who are the mediators, where do they take … Continue reading Setting the Stage
I’m happy to be at Texas A&M School of Law (Howdy !)* as a part of their annual Aggie Dispute Resolution Symposium. This year’s program is titled Two Faces of Mediation: Reasons for Worry, Reasons for Hope. Look for a blog post or two (dare I say live blog?) memorializing the proceedings. * If you’ve … Continue reading The Two Faces of Mediation: Reasons for Worry, Reasons for Hope
Last month, I blogged here about an important rule change that the SEC approved for FINRA Dispute Resolution. After years of debate about the potential harm to investors by allowing non-attorneys to represent investors in securities arbitration and mediations, FINRA proposed barring them from its forum, if they are compensated. [See the prior post for … Continue reading SEC Stays Its Order Approving FINRA Rule Change Barring Compensated Non-Attorney Representation
I am happy to announce that Sheila Heen (Harvard) will deliver the 7th Annual Bruce E. Meyerson Lecture, titled Difficult Conversations in Polarizing Times, on Monday March 11, 2024 at 7pm at the Sandra Day O’Connor College of Law at Arizona State University. If you are in Phoenix for Spring Break or Spring Training, please … Continue reading Sheila Heen to Deliver the 7th Annual Meyerson Lecture at Arizona State
Groups of students in your classes may want to put their new collaborative skills and creativity into the service of others by entering a new student video contest, sponsored by the AAA-ICDR Foundation and the Divided Community Project’s #CampusBridge initiative. Please spread the word in your classes and share the contest announcement with your university’s … Continue reading Amazing Opportunity for Students to Improve Their Communities Using DR Skills
Helping You Do the Best Mediation You Can is Part 2 of a two-part series presenting action research about factors affecting mediators’ individual practice systems and how they can improve their systems. Part 1 describes a study of mediators at well-received educational programs to help them learn why they developed their particular practice systems and … Continue reading Helping Mediators Do the Best Mediation They Can
Psychologist Kenneth Kressel argued that mediators’ mental models of mediation are largely unconscious mixtures of formal models and “personal ‘mini-theories’ of conflict and role of mediators.” He defined mental schemas or models as “ideas the mediator holds about the role of the mediator; the goals to be attained (and avoided), and the interventions that are … Continue reading Why Do Mediators Mediate the Way They Do?
