Monthly Archives: May 2006

Blawg Review plans special Memorial Day edition on May 29

Special edition of Blawg Review planned for Memorial DayBlawg Review, for those who haven’t discovered this weekly review of the best in law blogging, is a worthwhile read for anyone interested in keeping abreast of the latest legal issues and news, and that includes us alternative dispute resolution professionals. It’s always informative, not to mention entertaining (as you’ll see from Blawg Review #56, which bears the spicy title, “Blawg Review #56: Sex, Virtual Weddings, and Baseball”).

Since the host changes each week, so does the perspective and the theme, and it’s not only attorneys who take turns hosting it but also poets, mediators (yours truly), dead presidents, goddesses, and law students. Blawg Review #58, this week’s edition, is hosted by blawgfather Kevin Heller, one of Blawg Review’s founders.

The anonymous and dedicated editors of Blawg Review are cooking up something special for Memorial Day, so if you’ve got some good stuff you’d like to submit, send it here.

Mediation Quote of the Week | May 22, 2006


Be a good listener. Your ears will never get you in trouble.

 

~ Frank Tyger

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Legal futurist sees new directions for dispute resolution and the practice of law

New directions seen for the future of dispute resolution and the practice of lawEarlier this year, I linked to a Times Online article by legal futurist Richard Susskind with his predictions about the future of legal practice and dispute resolution.

For those eager to learn more about what the future holds, via Slaw, the cooperative Canadian legal research and IT weblog, comes news that “The Next Ten Years“, Richard Susskind’s Society for Computers & Law 2006 Lecture, is available now both in podcast and in edited transcript form. Susskind sets forth his vision of the coming transformation in the nature of legal service, legal education, and dispute resolution that the future holds.

Not only lawyers but alternative dispute resolution professionals will want to pay close attention to Susskind’s views of technology’s influence on the evolution of the practice of law and the resolution of disputes, together with his prediction that client demand will shift focus from dispute resolution to dispute prevention.

And all of us will want to heed his reminder that “The best way to predict the future is to invent it”.

For more information on legal futurism, please see “The future is now: a strategic approach to dispute resolution and the law“, an article which appeared in November on this blog.

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Peer mediation perceived by conservative group as threat to traditional family values

Last June the odr.info weblog linked without comment to an article by right-wing pundit Michelle Malkin on the threat which peer mediation allegedly poses to the American way of life:

The left-wing Kumbaya crowd is quietly grooming a generation of pushovers in the public schools. At a time of war, when young Americans should be educated about this nation’s resilience and steely resolve, educators are indoctrinating students with saccharine-sticky lessons on “non-violent conflict resolution” and “promoting constructive dialogues.”

One year later, guardians of “traditional family values” (whatever those may be) warn of a similar lurking danger that threatens the nuclear family, the sanctity of marriage, and, apparently, the foundations of civilization itself: tolerance towards homosexuals.

Via Objective Justice comes this report of an initiative launched by Concerned Women for America to involve parents in a nation-wide effort to audit their children’s schools for signs that they are promoting the “radical homosexual agenda”. Among the indicia of moral corruption that parents are asked to be alert for?

  • anti-bullying policies that include sexual orientation as a protected category
  • federal funding of “objectionable programs” such as peer mediation
  • programs teaching tolerance and diversity

To see CWA’s “School Audit Form” for yourself, click here for the PDF download.

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New arbitration blog joins the information highway

www2It’s not often that I get to announce in a single week the discovery of not just one but two new alternative dispute resolution blogs.

Earlier this week I introduced readers to the ADR Diversity Blog. Today I get to head you over to FloridaArbitrationLaw.com, a blog tracking law regarding the enforcement of arbitration and issues of vacating, confirming or correcting awards. As its name suggests, its primary geographic focus is Florida, but it also covers other states as well. FloridaArbitrationLaw.com is published by Christopher Hopkins, an attorney based in West Palm Beach, Florida.

Please stop by Christopher’s blog and join me in welcoming him. And if you blog about alternative dispute resolution or know of someone who does, let me know so I can add you to the Directory of Alternative Dispute Resolution Blogs.

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In a galaxy far, far away: Conference and course planned on extraterrestrial diplomacy

Beam me up Scotty: Course on extraterrestrial diplomacy begins todayLast summer I directed mediators seeking variety in their ho-hum routines to a course on Exopolitics 102: Citizen Diplomacy with Extraterrestrials, available through Exopolitics.org, a web site devoted to exploring “the political implications of the extraterrestrial presence”. (I swear I am not making this up.)

I was therefore vastly amused to learn through the dispute-res listserv (for subscription information, click here) that the instructor of this course, Dr. Michael Salla, has even bigger plans: a conference of international experts to discuss intergalactic diplomacy with extraterrestrial civilizations and its implications for world peace. You can read all about it here.

(By the way, for those of you who didn’t make the application deadline for last year’s course, Dr. Salla is offering “Exopolitics 102″ again. Class starts today.)

ADR Diversity Blog a welcome new voice in the alternative dispute resolution blogging community

ADR Diversity Blog adds a new voice to the online conversationWhen I began blogging in January 2005 (practically the equivalent of a century in cyberspace), only three other regularly published alternative dispute resolution blogs existed (Perry Itkin’s Florida Mediator, Bill Warter’s Campus ADR Tech Tools, and the odr.info blog).

Although the ADR field hasn’t experienced the boom of blogging that the legal profession has enjoyed, the population of ADR bloggers is slowly but steadily increasing, as my ongoing web-based project, the Directory of Alternative Dispute Resolution Blogs, will attest.

It’s therefore always exciting when I get to announce the discovery of a new alternative dispute resolution blog. Regina Mullen, a Michigan-based attorney-mediator, has launched the ADR Diversity Blog, together with an ambitious online venture, ADR Diversity. Under construction at this time, the ADR Diversity site aims to bring together a multitude of voices and viewpoints across the spectrum of ADR practice.

Please join me in welcoming Regina to the ADR blogosphere and wishing her success in this project.

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Florida Supreme Court adopts changes to rules for certified mediators

Changes to Florida rules for certification of court-approved mediatorsMy friend, Florida Mediator Perry Itkin, was kind enough to alert me to his recent post about important changes to the rules in Florida governing the certification of mediators providing services through the Florida court system.

The Florida Supreme Court last week adopted proposed amendments to Florida’s Rules for Certified and Court-Appointed Mediators. These amendments, which go into effect on August 1, replace the current mediator certification requirements with a new certification requirements “point system”.

All mediators seeking certification must meet the requirements of “good moral character” and the minimum age of 21 and then must obtain a total of 100 points in the areas of mediation training, education and mediation experience, mentorship, and miscellaneous activities, as outlined for each category of mediator.

According to the Florida Supreme Court’s opinion (in PDF), “the practical effect of this new point system is to remove the more formal mandatory education and profession-based requirements, for example, the current requirement for a family mediator of a masters, doctorate, medical, or law degree, or certified public accountant license, and to allow applicants to obtain certification in a variety of different ways more directly related to the actual skills and experience the Committee has determined to be necessary for service as an effective mediator.”

The Court, however, will unfortunately (in my own view) continue to require that certified circuit court mediators be members of the Florida Bar or a retired trial judge from any U.S. jurisdiction, unless input from the Florida Bar at some future point suggests otherwise.

Let us hope that Florida gives this final issue the serious reflection it deserves, with input from not only the Bar but from other members of the ADR community; after all, many of us believe strongly that mediators bring the greatest value not so much through subject matter expertise but rather through their skill and experience as process experts. And no profession has a monopoly on the ability to provide that.

(If this is your first visit to this blog, please click here for further information on mediator certification and credentialing.)

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Tunnel vision: studies show that there's plenty we don't see

Studies show how little we actually seeGustave Flaubert once wisely observed, “There is no truth. There is only perception.”

Dispute resolution professionals know only too well how much perception contributes to conflict. We see what we want to see and tune out the rest, or become so focused that we lose sight of what lies in our peripheral vision. Our senses can mislead or fool us, while our assumptions lead us to see what was never there at all or blind us to what is right before our eyes.

Over the years numerous studies have been done of perception and its implications for human behavior and cognition. For example, recent studies demonstrate that we have a propensity to see only the good in outcomes.

One of my favorite studies, hands down, is this one described here in this article from the Daily Telegraph, which reveals just how much we utterly fail to see. Researchers showed subjects a video of two teams of people playing basketball, one in white shirts and the other in black, and instructed the subjects to count the number of times the team wearing white t-shirts bounces the ball. A person in a gorilla costume walks through the players, stops in front of the camera to thump its chest, and then walks off.

Incredibly, half of all subjects failed to see the gorilla, so intent were they on following the movement of the ball.

(Incidentally, I recently worked with a colleague who showed this video to a class she and I were teaching together. In a group of about 60 people, only 20 of them saw the gorilla. When we went back and replayed the video to prove to them that the gorilla in fact was there, no one could believe their eyes.)

To test your own powers of observation, visit this link for a whole range of video demonstrations. Or, to see the gorilla yourself, click here. (The gorilla video takes time to load, so you may not want to attempt this with a dial-up connection.)

Trainers and educators can order online “Surprising Studies of Visual Awareness“, a DVD that collects the videos used in this study.

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Mediation 2.0: Hacking conflict in the 21st century

Hacking conflict in the 21st century“Hacking” is a word tainted by controversy. While it often evokes images of teenaged malcontents exploiting security vulnerabilities in computer networks, it possesses other more affirmative meanings.

Hacking also means “the intellectual challenge of creatively overcoming or circumventing limitations“. It stands for an ingenious way of solving intractable problems or providing new functionality to an object different from its intended purpose.

Anything can be hacked. Software applications and Department of Defense databases–that goes without saying. But also video games, consumer goods, religion, and, well, life.

And, would you believe, even urban and industrial landscapes. Consider parkour, an urban sport that combines physical and intellectual agility. In parkour, the only direction is forward as participants creatively maneuver and strategize their way past obstacles in their physical environment. It’s as much about quick reflexes as it is about quick thinking. Participants in a sense must grasp the solution at the moment they perceive the challenge. It’s about reframing the material world by transforming barriers into passageways.

Fortunately mediation doesn’t require physical strength (or we’d all be in big trouble). But it does depend upon the skill of the mediator to help disputants limber up brain cells and keep minds open to possibility and potential.

Mediators, who mediate between the past and the present, experience and hope, uncertainty and optimism, can draw inspiration from metaphors like these.

Although conflict and impasse are age-old, we can use the language of today to revolutionize the way we think about our practice as mediators to see our craft in a new light. We aid disputants in hacking the narratives of their own conflicts. We push them to alter the code of the past to pareto optimize their way beyond the limits of their own ingenuity. And we can use technology to revolutionize the resolution of disputes and to transform dialogue itself.

Welcome to Mediation 2.0.

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