Monthly Archives: May 2005

MEDIATION QUOTE OF THE WEEK May 16, 2005


The most intense conflicts, if overcome, leave behind a sense of security and calm that is not easily disturbed. It is just these intense conflicts and their conflagration which are needed to produce valuable and lasting results.

~Carl G. Jung

BLAWGS BECOME AN INCREASINGLY POPULAR WAY FOR THE LEGAL COMMUNITY TO SHARE INFORMATION AND IDEAS

Legal blogs are increasing in popularity While the subject may be ever so slightly off-topic for this ADR-related blog, I hope that I may be excused for blogging today about law blogs, given that the profession of origin for so many of us in the ADR field is the law and that so much of our work is conducted within the shadow of the courthouse.

Everyone these days, it seems, is blogging. Lawyers, too, have caught on, and legal blogs or “blawgs”, as they’re better known, have emerged as a new genre in the blogosphere and an increasingly popular phenomenon in the legal world.

To explore the range of blawgs that are out there, stop by Blawg.org, a fully searchable online catalog of law blogs which as of today’s posting lists 875 links in 164 different categories (at present there are only two ADR-related blogs listed in its database, one of them being yours truly, but that’s bound to change as blogging continues to catch on). Also be sure to visit the Law Dawg Blawg, created by the law librarians of Southern Illinois University School of Law, which offers useful advice on “Finding Blawgs on Any Legal Topic“.

Some blawgs of note are:

Estate Legacy Vaults is authored by Jill Fallon, a “lawyer, entrepreneur, widow, and passionate communicator”. Although her goal is “helping people take care of the business of their lives more easily and securely and by so doing enlarge their legacies and keep their affairs in order for their families”, her blog’s content is in fact far more eclectic and broad-ranging than this mission statement would suggest. “Passionate communicator” is right on the money—I would add “articulate, bright, and insightful” to that description. Her wit and powers of observation are acute–this blog is very much worth reading. (I therefore feel highly honored that she included Online Guide to Mediation at the top of a list of 21 new blogs in a May 2 posting captioned “More Lawyers Blogging”.)

Robert Ambrogi’s Lawsites, which is authored and maintained by Boston-area attorney, journalist, and writer Bob Ambrogi, “track[s] new and intriguing web sites for the legal profession.” His other blog, Media Law, offers interesting news and information as well. In addition, Bob, who writes prolifically in a wide range of media, has published a book, The Essential Guide To The Best (and Worst) Legal Sites On The Web.

Blawg Review does what it name suggests—provides reviews of (as well as plenty of links to) law blogs. It even provides opportunities for legal bloggers to host “peer-reviewed carnivals for law blogs” as a means of gaining greater exposure and increasing visibility in the blawgosphere.

Ernie the Attorney, like Diogenes with his lamp, is “searching for truth and justice (in an unjust world)”. He also is the author of one of the most frequently visited law blogs around. He writes well and with originality, posts frequently, and provides loads of links.

Technolawyer Blog describes itself as an “amalgam of pithy commentary, industry news, and other helpful information” on legal technology and practice management information.

Law Meme, founded in 2001 by faculty and students at Yale University Law School, is probably one of the oldest, continuously published blawgs. Its postings focus upon the relationship between technology and law and the influence that each brings to bear on the other.

For attorneys interested in becoming part of the blog movement, LexBlog, a web-based service founded by former trial lawyer Kevin O’Keefe (who of course has his own blog, “Real Lawyers Have Blogs”), offers blog hosting packages and solutions to help attorneys create a powerful web presence. Kevin’s own blog is a treasure trove of information for both novice and experienced bloggers, which ranges from “Law blog basics” to “Law blog content” to “Law Firm Internet Marketing”.

CULTURAL INFLUENCES IN NEGOTIATION AND CONFLICT RESOLUTION

The importance of multicultural awareness in negotiation and conflict resolutionThose of us in the ADR field here in North America are familiar with the story of the orange, which is used in probably hundreds of mediation trainings each year to illustrate the theory behind facilitative, interest-based negotiation and mediation. (For those of you not acquainted with this oft-told tale, please click here to learn more.)

Although the orange story is frankly getting a little dog-earred and shabby from the constant retelling, it remains a useful tool for helping students understand the theory behind interested-based negotiation and mediation. It’s a great way to get the point across, and it’s a story which even little kids can easily grasp.

Which leads me to my friend Ashok Panikkar. Ashok is a highly creative dispute resolution professional with an entrepreneurial flair who resided and worked here in the U.S. for ten years. He recently returned to his native India with plans to start a conflict resolution firm with an international focus.

Back in Bangalore, Ashok’s first project was to design and conduct a training session on conflict resolution skills for law enforcement officers as part of a human rights conference. Wanting to use the orange story but realizing that an orange would not have the same cultural resonance in India that it does here in the U.S., Ashok elected to tell the story by substituting a coconut for the orange—and in doing so succeeded in reaching his audience through a more culturally accessible metaphor.

In today’s world, you have to have that kind of flexibility and understanding. After all, with 20th and 21st century advances in transportation and technology, the widespread availability of Internet and telephone, and the instantaneous transmission of information and ideas through television and the Web, the world has diminished rapidly in size. I can call Ashok on his cellphone in Bangalore, email another pal in Sydney, and hop on a plane and be at my mother-in-law’s flat in Winchester, England, in seven hours—a journey that used to take many long and grueling months to complete.

And despite the fact that this planet of ours seems to be rapidly shrinking, the world remains wondrously and spectacularly diverse. We speak different languages, dress differently, observe different rules of etiquette, eat different foods, worship differently, have differently constituted political systems, engage in different courtship and marriage rituals, and are rabidly fanatical about different sports (if you don’t believe me, just ask a Briton, an Australian, and an American to each define “football”—and then ask whose version is better). It’s what makes international travel so much fun.

Multiculturalism and understanding of cultural differences are not only a source of fascination for world and armchair travelers alike, but they are a serious subject, too, for anyone who is interested in negotiating, mediating, or resolving conflict in international or multicultural settings. After all, the orange story may play well in Peoria, but it may not go over so well in Bangalore or Tashkent.

The following are some web sites and articles on the Internet which explore the relevance of multiculturalism and international perspectives to conflict resolution and negotiation.

The web sites are:

Interneg. The InterNeg site, based in Canada, describes itself as “a virtual organization bringing together people, studies, services, systems and information concerned with decision making and negotiations. It is also a source of, and repository for, negotiation-related resources comprehensively covering topics in negotiation and negotiation support in the international arena.”

The Culture of Peace News Network (CPNN). According to its web site, CPNN is a “global network of interactive Internet sites in many languages for information exchange on events and media productions that promote a culture of peace. It is a project of the United Nations International Decade for a Culture of Peace and Non-Violence for Children of the World coordinated by UNESCO.” Visitors can submit papers relating to the advancement of peace and participate in moderated discussions about other papers. There are also satellite CPNN sites located around the world, which CPNN provides links for.

WWW Virtual Library, in its section on Peace, Conflict Resolution, and International Security, contains numerous links to web sites focusing on international conflict resolution and related topics. (Just ignore the Itchy and Scratchy animation that appears at the top of the page.)

Some articles of interest are:

Culture-Based Negotiation Styles, by Michelle LeBaron from the BeyondIntractability.org web site. This well-written article by an important contributor to the dispute resolution field examines cultural approaches to and differences in negotiating.

How to Negotiate “Yes” Across Cultural Boundaries, by Professor James K. Sebenius, Harvard Business School, from the Harvard Business School’s Working Knowledge electronic newsletter. This excerpted article examines the ways in which cultural influences can impact the outcome of a negotiation.

The Cultural Vacuum in Online Dispute Resolution by Sharanya Rao, Associate Director of Programs, Envision EMI Inc. This article “addresses the issue of the extent to which [online dispute resolution] sufficiently accommodates for and facilitates cultural issues between parties.”

Cultural Issues in Mediation: A Practical Guide to Individualist and Collective Paradigms, by Walter Wright of the Association of Attorney Mediators, looks at two distinctly different approaches to negotiation.

Finally, for a list of other web-based articles and resources dealing with culture and negotiation, be sure to visit CRInfo.org, which is always one of the best sources for information and materials on conflict resolution.

KIDSBRIDGE CHILDREN'S MUSEUM SPONSORS "PEACEMAKING WITH PUPPETS" PROGRAM FOR MIDDLE SCHOOL STUDENTS

As readers will recall from last Wednesday’s post, the work that a number of museums around the world are engaged in is rooted in a philosophy that advocates for the advancement of peace, social justice, civil rights, and conflict resolution initiatives.

This is certainly the case with the Kidsbridge Children’s Museum, a self-described “virtual children’s museum” in Trenton, New Jersey, and a nonprofit organization “dedicated to the celebration of human diversity”. Kidsbridge offers programs for children designed to “generate positive learning in civility, kindness, conflict resolution, mediation and anti-bullying” and to “prepare children to be successful in a global society, while instilling the time-honored values of cooperation, peaceful interaction, teamwork and leadership.”

Although at present there is no physical museum, Kidsbridge’s goal is to construct “a state-of-the-art, interactive children’s museum in Trenton to serve New Jersey and the Delaware Valley.” In the meantime, until it can achieve that dream, it sponsors programs like “Peacemaking with Puppets”, as the Trenton, New Jersey Trentonian reported this morning. “Peacemaking with Puppets” is a joint effort of the Trenton Museum Society and the Kidsbridge Children’s Museum, which introduced pupils at the Dunn Middle School, part of the Trenton Public School system, to puppet making, skit writing, and puppet performance. “Peacemaking with Puppets” was designed to foster resiliency, team-building and conflict resolution skills among the pupils who participated in this program.

These student artists will have a chance to show off their efforts and perform their work tomorrow at 7:00 p.m. at the The Trenton City Museum at Ellarslie Mansion, in Trenton, New Jersey.

For more information on Kidsbridge and its other programs, please visit its web site.

MEDIATION QUOTE OF THE WEEK May 9, 2005

If a civil word or two will render a man happy, he must be a wretch indeed who will not give them to him. Such a disposition is like lighting another man’s candle by one’s own, which loses none of its brilliancy by what the other gains.

~ William Penn

FIFTH INTERNATIONAL CONGRESS OF PEACE MUSEUMS HELD THIS WEEK IN SPAIN

Fifth International Congress of Peace MuseumsFrom May 1 through 6 this week the town of Gernika-Lumo, in Basque Country, Spain, will host the Fifth International Congress of Peace Museums. This Conference provides opportunity for representatives of peace museums, as well as those with an interest in the arts and culture of history or human rights, to come together, share information and ideas, build networks, facilitate collaborative projects, and promote the creation of museums of peace around the globe.

The motto of this year’s Conference is “Peace Museums: A contribution to remembrance, reconciliation, art and peace.” Relative to this motto, the following topics will provide a framework for discussions at the Conference: “the contribution of art to a culture of peace;” “Peace Museums, seeds of reconciliation in the world;” and “the importance of remembrance to build a world in peace.”

For further information about the conference, click here. A web site devoted to the work of peace museums is under construction now and can be found at www.peacemuseums.org. For adventurous travelers interested in visiting peace museums in locations throughout the world, the website Offbeattravel.com provides a short list of museums devoted to peace, tolerance, and civil rights.

MEDIATION QUOTE OF THE WEEK May 2, 2005

It isn’t enough to talk about peace. One must believe in it. And it isn’t enough to believe in it. One must work at it.

~Eleanor Roosevelt

COUNTY COURT OFFICIALS TRY MEDIATION TO RESOLVE FELONY CASES AS PART OF SETTLEMENT WEEK INITIATIVE

County court officials include felony cases in Settlement Week mediationsThe online version of the Cincinnati Enquirer reported today that Boone County, Kentucky, court officials have implemented a ground-breaking initiative to resolve felony cases through mediation. Felony cases were included among the cases sent to mediation during “Settlement Week”, a time set aside to resolve cases that have languished on the court’s docket for several years. The felony cases selected to be included as part of settlement week were handpicked for their appropriateness for mediation and did not involve violent crimes.

Using “settlement weeks” to reduce the burden on court dockets has become a popular practice in other states as well, including Rhode Island, New Jersey, and Ohio.

Whether other states follow Kentucky’s lead in using mediation to resolve felony cases remains to be seen, but for cases that do not involve victims of crimes of violence, mediation may be a way to minimize delays in hearing cases and result in a more efficient use of judicial resources.