Streetsblog There is a half-finished Target store in my neighborhood that stands as a perfect metaphor for the problems with using litigation as a means of resolving developers’ and the community’s interests in urban projects. With construction halted because of claimed height violations, the unfinished building has been left in limbo. The community now has to live with something that is ugly; that is enormously wasteful; and that has been sitting there unfinished for a long time. Its continued unresolved status satisfies neither those opposed nor those in favor of the project. I used that metaphor while introducing one of the workshops at the SCMA fall conference yesterday, a workshop on urban projects organized by Noah Stein. The panel brought […]
The Southern California Mediation Association has announced the schedule for its annual fall conference in scenic Malibu, California on November 7, 2015. This year’s theme is “Conflict Revolution: Mediators as Agents of Social Change.” The website describes the focus of the conference this way: Today, in addition to the role they play helping to resolve legal disputes, mediators regularly serve as educators, executive coaches, facilitators, leadership trainers, ombudsmen, therapists, business consultants, and architects of dispute resolution programs at all levels. In today’s inter-connected world, there are numerous opportunities for mediators to support societal change through peaceful dialogue. This year’s conference will include workshops on LGBT rights, race relations, urban projects, health care, and corporate governance, in addition to more nuts […]
A mediator I know was explaining his system of taking and cataloging notes from his mediation sessions, to help him learn what was working and not working. He writes down phrases he has used that seem particularly effective, and keeps them on note cards. And he sometimes thumbs through his stack of cards during subsequent mediations to see if he can find something useful. According to this mediator, impasse does not exist. Instead, when parties get stuck, he prefers to tell them only that the dispute probably will not settle that day, preserving the hope that it will settle at a later time when the parties are ready. I have also found that the concept of impasse is not particularly […]
I was interviewed recently by California mediator Doug Noll, on topics ranging from the business of mediation, to the decline in joint sessions, mediation confidentiality, and mediator certification. I also had a chance to trot out some of my pet theories about how to reform our justice system in general, and how mediation training is helpful in every walk of life, not just in training to become a mediator. The audio broadcast can be found here.
Richard Birke, a law professor at Willamette University, gave a talk at the ABA Dispute Resolution conference expressing frustration with the term “Alternative Dispute Resolution.” The term is too limiting to describe the many ways that the skills of negotiation, mediation, and other forms of conflict resolution can be applied in practice. It’s also inaccurate, since “alternative” means of resolving disputes probably comprise the vast majority of resolutions. In the status hierarchy of law schools, the field of ADR has always been treated as something of a stepchild, not considered as prestigious as traditional subjects like Constitutional Law or Contracts. It’s not clear that the study of conflict resolution even belongs in law school, since law comprises only a small […]