Tag Archives: Assessing Interests and Risks

How Do You Want to Use the Real Practice Checklists?

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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

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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 →

Real Practice Systems Project Menu of Mediation Checklists

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Gary Doernhoefer, the founder of ADR Notable, suggested that I produce checklists 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 work … Continue reading Real Practice Systems Project Menu of Mediation Checklists →

Focus on Party Decision-Making

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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 →

Which is Better:  To Be Strong or Smart?

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This post is prompted by an article by Washington Post columnist Paul Waldman, We’re Still Asking the Wrong Question about Biden and Ukraine.  He writes: For once, can we confront a foreign policy challenge without obsession over whether the president is being “weak” or “strong”? … In any foreign policy challenge, understanding what goes into … Continue reading Which is Better:  To Be Strong or Smart? →

Appreciation of Doug Frenkel and Jim Stark

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Jim Stark and Doug Frenkel just became scholars-in-residence with the International Academy of Mediators, following in the footsteps of Hal Abramson, Lela Love, and Dwight Golann. I have appreciated Doug and Jim’s work – actually of all the SiRs – and this post describes some of the things I appreciate about it.  It also includes … Continue reading Appreciation of Doug Frenkel and Jim Stark →

LIRA Videos Out the Wazoo!!

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Everyone knows that lawyers should carefully assess their cases at the earliest appropriate time.  In cases that are or might be litigated, lawyers often focus primarily or exclusively on estimating the expected court outcome (aka the BATNA value). The LIRA book provides guidance for more thorough and systematic case assessments, including values for tangible costs … Continue reading LIRA Videos Out the Wazoo!! →

LIRA in Criminal Cases

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The LIRA book – Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions – focuses on civil litigation.  It describes three elements that practitioners and parties should consider when assessing litigation interests and risks: (1) the expected court outcome, (2) future tangible costs of continuing to litigate, and (3) future intangible costs … Continue reading LIRA in Criminal Cases →

Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes

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The good folks at the Association for Conflict Resolution of Greater New York and CUNY Dispute Resolution Center at John Jay College invited me to give a talk as part of their monthly breakfast series.  Last week, I gave a presentation, Helping Parties Make Decisions About What’s Really Important, which synthesizes ideas I have been … Continue reading Concepts That Can Help Practitioners Help Parties Make Decisions in Disputes →

Gadzooks!  Even More LIRA Videos!  And Coming Attractions!

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I continue to produce videos related to the LIRA book, which you might be interested in, possibly for use in courses.  As I produce more videos, I add them to the full collection in this post, which you might want to bookmark. Here are the latest videos: Mediating with LIRA.  Mediate.com University.  $49.  August 2020.  … Continue reading Gadzooks!  Even More LIRA Videos!  And Coming Attractions! →