From the monthly archives:

November 2008

ADRblogs.com

Fellow mediator and blogger Geoff Sharp and I issued a challenge today to our fellow ADR bloggers: pick your best post from 2008 and submit it, then readers will choose the top three from all the submissions.  This friendly competition is open to any blog listed on the World Directory of ADR Blogs at ADRblogs.com.

ADRBlogs.com is the online project I launched over two years ago to track and catalog ADR, negotiation, and conflict resolution blogs around the globe. Today it covers 176 blogs from 27 countries.

I wanted to take a moment to highlight some of the most recent additions — the ones that stand out from the rest of the crowd by virtue of the quality of their writing and their embrace of blogging as a medium for connecting people and ideas. Here are my picks:

Do you have a blog you’d like to submit for inclusion in ADRblogs.com? Read the submission guidelines and then get in touch.

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Best of ADR Blogging 2008

ADR blogs Mediation Channel and mediator blah… blah… are combining in a quest to find the 3 best mediation and negotiation related posts written in 2008.

Together we are asking all ADR bloggers to send us your very favorite mediation/negotiation related post that you have written this year for inclusion in the competition. All you have to do is email us with the details.

Once we get bloggers’ posts we will open up the voting to the ADR community.

In the next week, we need to receive your e-mail with ‘ADR Post 2008′ in the subject line and then in the email the following information:

  1. the name of your blog and its URL
  2. the title of your nominated 2008 post and
  3. a link to your post – all before close on November 30, 2008 at 11:59 PM (UTC-8).

Voting will then be open from early December until December 19, 2008. The ADR blogosphere and their readers will be asked to vote for their 3 favorite posts of 2008. Voting will close on December 19, 2008.

We hope all ADR bloggers will carry the list of posts and link to the voting site so we get a good voting turn out from readers in December. All that detail will be provided shortly after the close of entries on November 30.

The rules for inclusion are simple:

  1. Your blog needs to be listed at World Directory of ADR Blogs at the time you submit your favorite post.
  2. You can submit only one post and it must be mediation or negotiation related.
  3. Your post needs to have been published on your blog during 2008 and still be available there.

Once voting is open in December, you are welcome to solicit votes for your own or another’s post in any way you want. As well as a bit of fun we hope the competition will showcase the very best of this year’s ADR writing.

Why are we doing this? In the ADR blogosphere wonderful posts seem to come and go so very quickly, often becoming irretrievably lost within days. We hope this good-natured exercise will allow bloggers to fish out their best writing and hold it up for all to see.

To submit your best post for 2008, email:

mediator blah… blah… at mediate [at] geoffsharp.co.nz
or
Mediation Channel at mail [at] mediationchannel.com

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the geography of collaboration

The latest edition of The Complete Lawyer is now available, putting the focus on “Doing Business Internationally.” The Complete Lawyer is a web-based magazine focusing on quality of life and career satisfaction for attorneys but with relevance for dispute resolution professionals as well.  It features a regular ADR column, “The Human Factor“, which explores ADR from the perspective of four attorneys who mediate – me and three colleagues, Stephanie West Allen of Idealawg and Brains on Purpose, Gini Nelson of Engaging Conflicts, and Victoria Pynchon of Settle It Now Negotiation Blog .  The four of us alternate as writers.

It’s my turn this month with this particular installment of “The Human Factor”, where I invite readers to “Master the Geography of Collaboration.

The Complete Lawyer is published by Don Hutcheson, a good friend to the four of us and an enthusiastic supporter of “The Human Factor”. Thanks, Don, as always for your encouragement — we are all deeply grateful.

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MassUMA Working Group seeks comments on proposed Uniform Mediation ActSince 2006, a group of mediators in Massachusetts, designating itself the MassUMA Working Group, has met regularly to discuss the adoption of the Uniform Mediation Act (“UMA”) in the Commonwealth.

The UMA protects communications made during a mediation and establishes a limited evidentiary privilege that prevents the use of those communications in subsequent legal proceedings.  The UMA could replace the current law in Massachusetts, M.G.L. ch. 233, § 23C.

During the course of two years, the MassUMA Working Group through the efforts of its subcommittees has produced recommendations and most recently an amended version of the UMA for consideration and public commenting.

The Working Group has scheduled the following public meetings to provide information about the UMA and invite input from mediators and the general public:

(FYI, I’ll be facilitating the meeting on November 24 in Greenfield.)

In addition, two meetings of the MassUMA Working Group, also open to the public, will be held on the following dates:

  • Thursday, December 4, 2008, 3-5 p.m.
  • Tuesday, December 16, 2008, 2-5 p.m.

These meetings will take place at the offices of the Federal Mediation and Conciliation Services, 99 Summer Street, Boston, MA. If you cannot attend in person, you can still participate by phone by calling 712-429-0690, enter access code 317609 and wait for other participants.

The public (that’s you) is strongly encouraged to comment online on the amended version of the Uniform Mediation Act proposed by the MassUMA Working Group, known as the UMA One Text.

If you’re interested in my two cents, you can read my objections to the amended version in an article I posted a year ago, “In weighing the Uniform Mediation Act, Massachusetts mediators may be poised to repeat mistakes of the past. I’m planning to revisit and refine those objections in an upcoming post soon.

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apologizing for hidden bias

Last week, legal marketing guru Larry Bodine put his foot in it with a blog post describing the “Best ‘Elevator Pitch’ Ever…?”, courtesy of a “silver-haired senior-most litigator” who relies on a cheap joke about the Holocaust to woo business clients.

Bodine’s readers responded with outrage, and, to his credit, Bodine deleted the post from his blog and offered an apology that mediator Victoria Pynchon has described as “heart-felt”:

I sincerely apologize for the crude and offensive “Elevator Pitch” post I put online last week. In the clear light of morning, it is clear that it was anti-Semitic and repellent. I want to thank all the people who commented and called me about it; I listened and took what you said to heart.

I have deleted the post. It was a mistake to repeat a crude joke that I heard in rural Illinois, and I should have known better. It was a worse mistake to say it was the “best” of its kind, when actually it was hideous.

Curiously, at Legal Blog Watch, a well regarded blogger approvingly repeated Bodine’s anecdote in a post captioned “Great Elevator Pitch for Lawyers“. Quickly realizing her error, and showing true character and class, she amended her post to apologize sincerely for her mistake:

Law firm public relations expert Rich Klein makes the important point at his blog that an elevator speech making light of the Holocaust is offensive. Klein is right and I apologize to anyone whom this post may have offended.

Although Bodine’s apology has earned the praise of some, not everyone was willing to let him off the hook so easily, including one blogger from a family of Holocaust survivors.

But what interests me about this whole event is not so much the apologies that resulted, or their acceptance or rejection. Instead, I wonder how it is that two people, one who recounted the anecdote and one who repeated it, missed its offensiveness the first time around. That they did is a lesson in humility for all of us.

In a post published in The Situationist in the aftermath of the Don Imus firing last year, authors Jon Hanson and Michael McCann mused,

…the stereotypes that we purport to abhor when articulated explicitly reside within most of us unexamined and unchallenged, sometimes wielding influence on our cognitions and behavior. We are, in a way, all carriers of the same virus…

What happened to these two bloggers could happen to you or me.  We, too, are susceptible; it is all too easy for any of us to err.  Without warning, we can all be deaf to the import of our words, blind to their effect.  In the end, we can only learn from incidents like these.  As James Joyce wrote, “A man’s errors are his portals of discovery.” Experiences such as these can build our immunity to the viruses within us.  And healing will come — through prevention and, yes, through apologies.

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Testing for negotiation skills, creativity: an LSAT for the 21st century

November 11, 2008 Innovations in the Practice of Law

In the U.S., thousands of graduate school applicants sit each year for one or more of the standardized tests that most universities require as part of their admissions process.  One of them, the Law School Admission Test, known as the LSAT, measures the reading comprehension and verbal reasoning skills of hopeful attorneys-to-be — yielding results [...]

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Conflict style inventory gets upgrade, free review copy available

November 11, 2008 Cool Stuff on the Web

Conflict resolution expert, mediator, and peacebuilder Dr. Ron Kraybill has asked me to let readers know that he has released a 2008 upgrade for Style Matters: The Kraybill Conflict Style Inventory through the company he founded, Riverhouse ePress.
With over 120,000 users, Style Matters has helped business managers, organizational consultants, and conflict resolution trainers worldwide teach [...]

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Court-connected mediation in Massachusetts another casualty of tough economy

November 11, 2008 ADR

In news that has stunned the alternative dispute resolution community in Massachusetts, the Massachusetts Trial Court has terminated its mediation contracts with programs approved to provide services in courts throughout the Commonwealth.
This move comes in response to the decision by Massachusetts governor Deval Patrick to order deep cuts in the state budget to offset a [...]

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