Legal futurist and IT visionary Richard Susskind offers his predictions about the future of the law in “Hold on to your seats, change is getting faster,” an article posted on Times Online. Susskind paints a vivid picture of the ways in which he anticipates technological advances will continue to radically transform legal practice.

According to Susskind,

The foundations of dispute resolution will be rocked by a combination of electronic disclosure, e-filing in the courts and online dispute resolution. Legal education and training, along with knowledge management, will be reconceived and reshaped by e-learning and online community. At the same time, the working relationships between lawyers and their clients will mutate beyond recognition, as they come under the one virtual roof and operate under a new order of online collaboration and communication.

(Thanks to the odr.info weblog for the link.)

Also, for an exploration of a rapidly developing interdisciplinary movement in the law, read Professor of Law Susan Daicoff’s “Law as a Healing Profession: The ‘Comprehensive Law Movement’“. This article examines the converging forces of collaborative law, creative problem solving, restorative justice, transformative mediation, and other related fields that comprise a movement which seeks to revolutionize the legal system and the delivery of justice.

A number of law bloggers, including Kevin O’Keefe at LexBlog, are buzzing about the informal survey the ABA Section of Litigation conducted last month on lawyers and blogging, which revealed that 57% of attorneys who responded reported that they read blogs regularly.

Although I’m generally a glass-is-half-full kind of person, this means that a sizeable number–43%–aren’t regular readers. Bummer.

One lawyer said bluntly, “I don’t read editorials in newspapers so why should I waste my time reading people’s opinions online?”

Although it may be unfair of me to say this (seeing as how I’m someone who actually does read newspaper editorials), people who don’t read blogs don’t know what they’re missing. Law blogs are an invaluable source of the latest news, ideas, and analysis–not to mention inspiration–something no professional can afford to miss out on.

But I’m a realist. I know that reading blogs takes time out of a busy day. For professionals whose lives are bound by calendar and clock, every minute must count.

So, what busy attorneys and mediators should be reading is Blawg Review, the weekly review of law blogging.

Here are 4 compelling reasons why:

1. Blawg Review keeps you current

Attorneys and ADR practitioners alike know how important it is to stay on top of the latest developments in the fields we practice in. And many of us who are in the ADR field ply our trade within the shadow of the courthouse or even under the courthouse roof. Since the law influences, informs, and even inspires much of our work, knowing what’s happening in the legal world keeps us competitive. And Blawg Review serves as one-stop shopping for the latest word on legal affairs.

2. Blawg Review is free

‘Nuff said.

3. Blawg Review takes care of business

Whether you’re an attorney or a mediator, you know that the work you do isn’t just a calling, or an art. It’s a business, too. And staying abreast of the latest business trends is key.

Blawg Review keeps the entrepreneur connected. To see what I mean, check out Blawg Review #40, hosted by Small Business Trends earlier this month.

4. Blawg Review makes you smarter (and fun at cocktail parties)

As one respondent to the ABA survey put it,

“I am still a student and find the academic and professional blawgs a great supplement to what I learn in the classroom. It’s nice to have access to the latest thoughts from practitioners and scholars in virtual realtime. I feel like a virtual student/protege.”

(Side benefit: Your increased knowledge will also make you a scintillating conversationalist at social gatherings.)

—————-

Don’t believe me? See for yourself at this week’s Blawg Review, hosted at Kevin Thompson’s Cyberlaw Central, where you can find answers to “life, the universe and everything”.

To see a list of past hosts and upcoming ones, visit the Blawg Review web site. For submission guidelines, click here. To host the party yourself, you can click here.

(In the interests of full disclosure, I should probably mention that I’m hosting Blawg Review next Monday. Looking forward to your submissions!)

The single biggest problem in communication is the illusion that it has taken place.

Slowly but surely, more and more of us in the alternative dispute resolution field are recognizing the power of technology to transform the way we work. Technology has not only grown more accessible, but there is an increasing—and often bewildering—array of tools available.

To help mediators make sense of the abundance of technological innovations to choose among, Tammy Lenski, profiled here last year, has launched MediatorTech, a blog aimed at aiding ADR professionals “build, promote and manage thriving practices by leveraging technology to make those jobs easier.”

MediatorTech promises to do much to demystify and bring within reach the realm of technology. Posts so far include “How to Teleconference for Free“, “Think Blogging Is for You?”, and “5 Questions Before Starting an E-Zine“.

Regular readers of this blog may remember a post from November, “Test of character: using instruments to probe conflict styles and moral intuition“, which linked to a free online conflict style test, the Adult Personal Conflict Style Inventory. Its creator, Ron Kraybill, a trainer and advisor in conflict transformation and peacebuilding since 1979 and an Associate Professor of Conflict Studies at Eastern Mennonite University, has just launched a new turbo-charged version.

Style Matters: The Kraybill Conflict Style Inventory, 22 pages in length, recognizes cultural diversity among users, includes a greatly expanded interpretation section along with pages of practical tips for each style, and provides discussion questions for group leaders and trainers. What makes Style Matters especially useful is that it provides two scores for test-takers: one for “calm” conditions, another for “storm”. It’s also easy to take and to score, which makes it suitable for a wide range of audiences. You can view sample pages of Style Matters in PDF format here at the Riverhouse ePress web site.

Style Matters is not only robust but affordable: it can be ordered online at Riverhouse ePress for $3.95 to $5.95 depending upon order size, which puts it more easily within the reach of community mediation programs and not-for-profits. There is also an offer to trainers who can request a free one-time use of this inventory.

Although it’s hard to believe (especially if you still haven’t gotten around to taking down your Christmas lights display), January is almost over. February is bearing down upon us at breakneck speed, which means that holidays like Ground Hog Day, Valentine’s Day, and, here in the U.S., Presidents’ Day, are just around the corner (not to mention that event sacred to Americans everywhere, myself included, the Super Bowl).

These days, sadly, Presidents’ Day is probably more closely linked in the public’s mind with car sales and great deals on ski packages than it is with honoring two former presidents.

Nonetheless, with Presidents’ Day looming ever closer, it is no surprise that American bloggers’ thoughts are turning to George Washington. Joel Schoenmeyer reports in his Death and Taxes blog that George Washington was evidently an early proponent of alternative dispute resolution—George’s will included an ADR provision. You can read Joel’s post for the text of the relevant provision of the will, or you can read the entire document online yourself here.

(By the way, ADR professionals who regularly mediate trust and estate disputes should spend some time perusing Death and Taxes. And don’t miss Joel’s post on “Cryonics and Personal Revival Trusts” for a whole new perspective on “You can’t take it with you”.)

In a decision that will be good news for mediators, since it strikes a well-aimed blow on behalf of mediation confidentiality, the Appellate Division of the Superior Court of New Jersey concluded that a trial court had erred in permitting a mediator to testify at a plenary hearing and reversed the trial court’s order enforcing a purported divorce settlement.

The decision, Lehr v. Afflitto, can be downloaded in PDF format at the New Jersey Judiciary web site.

(With thanks to the ever-vigilant Ericka Gray.)

Last year I reported on how conflicts arising from interactions in virtual worlds have become the subject of study by scholars in the fields of online dispute resolution and law. It is not only conflict, however, that virtual activities can give rise to.

Clive Thompson at Collision Detection recently posted on the efforts of Julian Dibbell, journalist and observer of digital culture, to learn what tax implications, if any, could arise from the $11,000 he earned selling on eBay the virtual items he won playing an Internet-based, multi-player game, Ultima Online.

In entertaining detail, Dibbell describes here on Legal Affairs his quest to get answers from the Internal Revenue Service. As it turns out, we’ll have to wait a little longer for the answer: not only was Dibbell thwarted by the $650 fee necessary to obtain a letter ruling from the IRS, but he was not exactly eager to be the one to break new tax ground. Who, after all, would want to be remembered as the guy who opened the gates of the virtual kingdom to federal tax officials?

I was intrigued to read in the Boston Globe today about the latest use for speech recognition technology. NICE Systems, Inc., based in Israel, has created a system which combines digital voice recording with voice analysis capabilities, including emotion detection, to–among other things–help organizations manage telephone interactions with customers and clients more effectively.

NICE Perform, as NICE calls this multimedia system, enables organizations to record phone conversations for purposes of training and development of staff, as well as to gauge customer satisfaction and improve customer care.

This system has applications for the legal sphere as well—as a means of anticipating or predicting potential legal issues or liability. According to the NICE web site:

Legal advisors can assure compliance with regulations concerning storage and retrieval of interactions to meet legislative requirements, as well as receiving advance warning of possible legal problems by analyzing customer interactions. Repeated complaints or threats to sue might require changes in contracts or other legal remedies, and these can be implemented sooner due to insights gained from NICE Perform.

While all this is fascinating and also tremendously exciting, it is somehow disquieting as well for so many reasons.

There is something disturbing about utilizing speech recognition software to reveal what a man or woman is experiencing emotionally, what his or her state of mind may be, and what factors may be influencing his or her consumer habits. If employees depend on technology to recognize emotions or dissatisfaction in customers, rather than their own senses or experience, what cost is there to human interaction? And what does this mean as well for privacy, if any of our communications as consumers may potentially be digitally recorded, analyzed, and archived? Finally, what information, if any, will callers be given about the uses to which these recordings may be put, and what ethical obligations do organizations have to customers with respect to the uses of systems like this?

(Hmm, maybe conspiracy theorists are right: sometimes paranoia is just good common sense.)

The hope of a secure and livable world lies with disciplined nonconformists who are dedicated to justice, peace and brotherhood.

Anyone planning a career in mediation here in the U.S. should be aware that one of the ongoing debates in the mediation field concerns credentialing and certification of mediators. It is an issue of great importance to the profession, generating significant discussion and debate for the past two decades.

In addition to stirring up controversy, certification has generated plenty of confusion, too, not only for mediators themselves but for the public as well. The reasons for this confusion are numerous:

1. No state yet has enacted laws regulating the private practice of mediation or establishing state-wide requirements for mediators as they do for other professions.
2. While states themselves have not gotten into the business of regulating mediation, a number of state courts have established rules governing mediators in court-connected ADR programs. A handful of these actually certify mediators, although even there the qualifications for certification vary from one state to another.
3. Some private organizations which provide mediation training offer what they designate as “certification” for those who successfully complete their programs of study.
4. In addition, some private professional associations for mediators also certify certain classes of members.
5. Mediators themselves add to the confusion because they often mistake the completion of mediation training and receipt of a certificate of attendance for certification itself.

In an effort to clear up some of the confusion, let’s take a closer look at the different kinds of certification that exist.

Certification by state courts or boards.

In the U.S., the vast majority of state courts do not certify mediators (including Massachusetts, where I practice). A handful of U.S. state courts or commissions, however, have adopted certification requirements for mediators providing court-connected services.

Examples include:

• The New Hampshire Marital Mediator Certification Board, created pursuant to state law
• The Supreme Court of Florida, which certifies four different categories of mediators–county court, family, circuit court, and dependency—each of which must meet specific minimum qualifications
• The South Carolina Board of Arbitrator and Mediator Certification, working in conjunction with the South Carolina Supreme Court’s Commission on Dispute Resolution under the auspices of the South Carolina Judicial Department
• The Judicial Council of Virginia, which has promulgated guidelines for certification and training for court-referred mediators
• The North Carolina Court System’s Dispute Resolution Commission which certifies family financial mediators.

State courts or state entities which certify mediators do specify training requirements for mediators. You can refer to the web sites listed in this section for further information.

For an overview of mediator qualifications for all of the 50 U.S. states, see the March 2002 draft report entitled “State Mediator Rosters and Qualifications” prepared by the Institute of Government, College of Professional Studies at the University of Arkansas at Little Rock.

Keep in mind that even in states which require certification for court-connected ADR, certification is not required for mediators in private practice.

Certification training

Some private organizations offer what they describe as “mediator certification training”. This could mean several things. It may mean that that program meets the training requirements of a particular state court for certification as a mediator. It may also simply mean that the organization issues its own private certification but not in connection with or under the auspices of any state body.

In addition, be aware that training may not be the only requirement necessary for certification, and be sure to contact the state court or board providing certification for further information and details.

What is critical is that you find out what exactly “certification training” means and what it qualifies you for before you register for any training program.

Certification by professional associations

Professional associations for mediators typically provide important benefits for members–continuing education, networking opportunities at member meetings, listing in online and printed member directories–just to name a few. Some, like the Massachusetts Council on Family Mediation, offer certification for members who meet certain requirements.

In this case certification is available only to members of the association, and certification should not be mistaken for state or governmental oversight.

More perspective

For an excellent overview of the history of mediator certification here in the U.S., The New York State Dispute Resolution Association, Inc. (NYSDRA), a private, non-profit organization for ADR professionals, provides one here at its web site.

Final thoughts on mediation careers and training

For advice and ideas on mediation training and mediation careers, you can start with this blog’s most frequently visited post: “What to look for in a basic mediation training“, together with “Becoming a mediator: what you should know before you change careers.”

In addition, the Ohio Commission on Dispute Resolution & Conflict Management provides a superb consumer guide to mediation training which covers not only the issue of mediator certification in the context of training, but also has some useful tips on selecting a mediation trainer.

For general information on starting a career in mediation, with some worthwhile advice on training and education in mediation theory and practice, visit this page at the web site of Susan Podziba & Associates, which includes a link to the Program on Negotiation’s “Building a Career in Conflict Resolution” workshop series webcasts.

One last caveat

If you’re thinking about getting training in mediation, please be aware that great mediation training is highly experiential and interactive, reinforcing the notions of collaboration and teamwork. Acquisition of learning is achieved through interpersonal interaction–through class discussions, multi-party exercises, and role-playing. It’s a very much hands-on experience to get students in touch with the deeply interpersonal dynamics of mediation itself.

I would therefore caution you about mediation trainings offered as correspondence or distance learning courses which students complete online and at their own pace with no interaction with other students.

A mediation correspondence course which affords no opportunity for face-to-face and group interaction with coaches and fellow students is simply no substitute for the real thing.

(Please note that I am not referring here to training in online dispute resolution (ODR), an approach to resolving conflict using the Internet as a medium for communication and problem-solving. ODR by definition is conducted online, so training in ODR will of course utilize computer and Internet technology.)

Therefore, be cautious of a mediation training program conducted entirely online which purports to prepare you for face-to-face interactions with parties in conflict.

In any event, be sure to ask questions–and, even more importantly–make sure you get answers.

Technorati tags: mediation training, mediator certification, mediation

Another web-based experiment in networking and community is underway at Gather.com, a web site designed to bring together writers and readers seeking to connect around topics of mutual interest.

Currently in its beta version, Gather.com allows visitors to register, create a profile, upload images, publish articles, establish a network of friends, colleagues, and family, and make contact with others. Just for participating, members of Gather.com can even earn “Gather Points”, similar to frequent flyer miles, which will eventually be redeemable with online merchants.

Gather.com functions much like a gigantic, multi-author blog: Writers can create and publish articles using a WYSIWYG editor, with the option of uploading images to include with the text. Publication is instantaneous and writers retain the ability to edit articles or delete them entirely, while readers are allowed to post comments. And, if you enjoy the work of a particular author, you can subscribe to them and receive notification by email whenever they publish.

The Gather.com directory of articles is arranged by topic and is fully searchable, so visitors can easily locate articles of interest. Although right now the web site only permits the publication of articles, the plan is to enable members to publish all kinds of files–podcasts, PowerPoint presentations, and even shareware–to bring a wide range of content to what Gather.com anticipates will be a rapidly growing audience.

To see what kinds of connections are possible, read this essay on Gather.com by writer Marin Amundson-Graham.

And for more information about Gather.com, click here.

Today Online Guide to Mediation celebrates its first full year of blogging (and they said it wouldn’t last).

First, some acknowledgements. Then a look at some favorite posts—mine and yours.

Anniversaries are often a time for retrospection. In thinking back over the past 12 months of blogging, what comes to mind are those to whom a debt of gratitude is owed. First and foremost, my readers–thanks so very much for everything. Secondly, and just as important, people who offered encouragement, sage advice, friendship, or a helping hand along the way (and the occasional and well-timed kick in the pants). In more-or-less alphabetical order, my deepest appreciation to

Bob Ambrogi
Chris Bailey
Monica Bay
Ben Cowgill
Jill Fallon
Michael Fitzgibbon
Ericka Gray
Stephen Hicks
Perry Itkin
Larry King
George Lenard
Tammy Lenski
Tim Linnehan
Roni Lipton
Dina Beach Lynch
Ashok Panikkar
Colin Rule
Geoff Sharp
Bill Warters
Josh Weiss
The gang at National Arbitration Forum Blog
The nice folks at Woodbury College

To celebrate this milestone, here’s two groups of posts—one is my own list of favorites, selected from each of the 12 months I’ve been publishing the Online Guide–and the second, “Readers’ Choice”, is a compilation of posts most frequently visited or which generated the most e-mail from readers, one from each month as well.

My favorite posts

MEDIATION IS NOT “MEDITATION” WITH A TYPO

MEDIATION IN THE MEDIA: The Three Little Pigs go to mediation in this animated short from the Department of Veterans Affairs

WHY CAN’T WE ALL JUST GET ALONG: There’s a place for both attorneys and mediators in dealing with divorce

WHAT GOES AROUND, COMES AROUND: Why relationships matter in business

ONLINE DISPUTE RESOLUTION EXAMINES CONFLICTS IN VIRTUAL WORLDS

BREAKING BREAD: Could sharing food foster cooperation between parties in mediation?

THE VANISHING TRIAL AND OTHER MYSTERIES

MORE THAN WE BARGAINED FOR: Does gender matter in negotiation?

FUTURE PERFECT: New documentary explores future peace through interviews with Israelis and Palestinians

SEEING OURSELVES: Conflict and negotiation in popular culture

HIGH SPIRITS: Legal issues can arise on sale of haunted or psychologically impacted houses

TEST OF CHARACTER: Using instruments to probe conflict styles and moral intuition

GEOGRAPHY HAS MADE US NEIGHBORS: The importance of geographic literacy in the 21st century

Readers’ choice

WHAT TO LOOK FOR IN A BASIC MEDIATION TRAINING

TALK AROUND THE WATER COOLER: Jobvent.com provides forum for workplace issues

READY FOR PRIME TIME: Mediation comes to reality television

COOPERATION OR COMPETITION: The Prisoner’s Dilemma and Game Theory

CULTURAL INFLUENCES IN NEGOTIATION AND CONFLICT RESOLUTION

UNCHARTED TERRITORY: Mapping out the world of alternative dispute resolution blogs

BECOMING A MEDIATOR: What you should know before you change careers

PHYSICIAN, HEAL THYSELF: Apologies found to reduce medical malpractice litigation

EASY LISTENING: Negotiating Tip of the Week features negotiation tactics and techniques in a weekly podcast

ACCENTUATE THE POSITIVE: Studies reveal human propensity for reframing to see good in outcomes

THE FUTURE IS NOW: A strategic approach to the future of dispute resolution and law

NO MONKEYING AROUND: Evolutionary tendency in primates to prefer loss avoidance over maximizing gain

Okay, now who wants cake?

The Center for Information Technology and Dispute Resolution at the University of Massachusetts, Amherst, is offering a distance learning course in online dispute resolution (ODR) for the spring 2006 semester. The course will be taught by Dan Rainey, Director of the Office of Alternative Dispute Resolution Services for the National Mediation Board.

I took this course myself two years ago and would most certainly recommend it to anyone interested in exploring the field of online dispute resolution under the tutelage of ODR pioneers. When I took the course, taught at that time by Colin Rule, Ethan Katsh, and Alan Gaitenby, Dan was a guest lecturer. I came away impressed by the depth of Dan’s knowledge, together with his generosity of spirit and willingness to share his insights and experience with students.

You can register for the course online here. Classes begin on January 31.

Questions about the program? You can contact Alan Gaitenby at
gaitenby@disputes.net.

Geoff Sharp, a commercial mediator and barrister from Wellington, New Zealand, has launched mediator blah…blah…, a bold blog experiment serving as “an offbeat online confessional in pursuit of reflective mediation”. Geoff offers up observations and reflections hot off the negotiation table with an invitation to the “online global mediation community” to join the conversation.

Ranging from the philosophical to the comical to the deeply personal, Geoff’s voice is at all times original and honest. Definitely stop by. (Besides, where else can you reflect on mediation practice while simultaneously learning about the ratio of sheep to humans in New Zealand?)

Incidentally, Geoff has authored some excellent articles on mediation, which you can find on his web site here.

Best of luck, Geoff–and welcome!

On Friday, December 30, 2005, the alternative dispute resolution community here in New England lost a beloved friend, Jim Suskin, an attorney, mediator, and arbitrator from Vermont. Over two years ago, Jim suffered severe brain injury in a tragic bicycle accident, but in recognition of his significant lifetime achievements and his enduring presence, the Vermont Legislature enacted a concurrent resolution to honor Jim and his many important contributions. You can read the text of the resolution here.

A memorial service is being held today at 1 p.m. in College Hall Chapel at Vermont College of Union Institute, College Street, Montpelier, Vermont. Donations in Jim’s memory may be sent to Central Vermont Home Health & Hospice, 600 Granger Road, Barre, Vermont 05641.

Bloggers looking for ways to build a better blog or anyone who has resolved to launch a blog this year should pay a visit to Evan Schaeffer’s Legal Underground (tagline: “Where most of the fun is in the comments”). Evan, who is hosting this week’s Blawg Review, has proposed “Ten New Year’s Resolutions for Bloggers” which is definitely worth a read and a special bookmark of its own in your browser, since this is one that every blogger will want to revisit. (Many thanks to Evan for kindly including Online Guide to Mediation in “Resolution 5: Use Photos”.)

By the way, if you’re having trouble coming up with your own New Year’s resolutions, check out this New Year’s Resolution Generator (courtesy of the Generator Blog).

Be at war with your vices, at peace with your neighbors, and let every new year find you a better man.

Here it is, the first day of a brand-new year, filled with exciting possibilities. I wish you all a whole calendar full of happiness, health, peace, and good fortune.

For those of you seeking inspiration for those New Year’s resolutions, I suggest Mitch Meyerson’s “35 Questions That Will Change Your Life” (in PDF), which I found at Matt Homann’s the [non]billable hour, always a source for the useful, the insightful, and the delightfully unexpected. Meyerson’s “35 Questions” will get you thinking about life, work, and relationships. (Dispute resolvers should be sure to check out the questions on problems and problem-solving on pages 33-37.)

Happy 2006—and thanks as always for stopping by. Cheers!