One of the panel presentations at last week’s ABA ADR Conference in Seattle led me to wonder whether attorneys perceive mediation negotiations, especially in joint sessions, as a type of "Prisoners' Dilemma".
You may recall the setup for this classic example of game theory. Two co-conspirators (A and B) are arrested and held in separate cells with no means of contacting the other. The prosecutors do not have sufficient evidence to…Continue
Added by Sasha S. Philip on April 21, 2015 at 12:15pm — No Comments
Here at the Bellevue Mediation Program our work is first and foremost a matter of listening to stories. We have an unspoken contract with our clients – you tell us your story, we’ll try to help you. Our volunteers are paid in stories. To be a good mediator, you need a hunger for stories, because that’s what sustains you, and also because your clients can tell if you’re not interested.…Continue
Added by Sasha S. Philip on February 26, 2015 at 12:30pm — No Comments
In the Fall 2013 issue of Conflict Resolution Quarterly, authors Susan S. Raines, Sunil Kumar Pokhrel and Jean Poitras examine challenges faced by professional mediators. (See “Mediation as a Profession: Challenges That Professional Mediators Face”.) Not unexpectedly, the researchers…Continue
Added by Adrienne Keith Wills on August 18, 2014 at 1:00pm — No Comments
At dinner parties, when people would ask what I do for a living, I would respond in a joking way, “I make people’s lives miserable.” They would quickly come back with, “Ah, you must be an attorney.”
As a practicing trial attorney for two-and-a-half decades, I never understood just how accurate my description was. I didn’t try to make lives miserable, it’s just the result of a process they taught us in law school known as litigation.
Then it happened: my wife and I were sued…Continue
Added by Adrienne Keith Wills on August 11, 2014 at 12:08pm — No Comments
An ADR Section White Paper on including children in mediation by Abby Kostecka, J.D. Candidate 2014, Gonzaga University School of Law:Continue
Added by Paul W. McVicker on January 13, 2014 at 9:00am — No Comments
Here's a link to a very short article summarizing research in Québec, Canada. While the study only appears to have researched the experiences of one professional mediator, the results are interesting.
Warm regards to all,
Added by Mark Baumann on January 6, 2014 at 7:45pm — No Comments
Please see below some information regarding the AAA Higginbotham Fellows Program. Please pass this along if you know of anyone who might be interested in applying for the program. I have contacts with many past Fellows who can provide interested candidates with some first-hand feedback on the program and how it's helped them develop their ADR skills and mediation/arbitration practice.
Thank you in advance for your…
Added by Craig Charles Beles on December 17, 2013 at 11:42am — No Comments
Fellow ADR section members,
I am writing to give you an update on the Low Bono section formation project. ADR executive committee members Alan Alhadeff, Paul McVicker and myself began an ADR focus group on reduced fee conflict resolution concepts two years ago. We were inspired by a Seattle University CLE Presentation on the low bono concept by attorney Jenny Anderson. We quickly found a group of lawyers and mediators interested in the topic and we have been holding meetings and…
Added by Mark Baumann on August 15, 2013 at 6:30pm — No Comments
Added by Paul W. McVicker on July 16, 2013 at 11:22am — No Comments
Nearly 400 people participated in the Northwest Dispute Resolution Conference this year. Presenters and participants from all over the Northwest (Washington, Oregon & Idaho), and from Arizona, California, Massachusetts, Montana, Texas, Canada & England, attended a variety of subject offerings, choosing among a total of 45 different sessions. Participants commented the conference was “well-organized” with…Continue
Added by Kathleen Wareham on April 16, 2013 at 5:08pm — No Comments
The Viola J. Taliaferro Family and Children Mediation Clinic and the Indiana University Maurer School of Law have been studying screening for intimate partner violence and/or abuse in family mediation for several years. As a result of their studies they developed a new screening method designed to be given as an interview. The assessment, Mediator’s Assessment of Safety Issues and Concerns or MASIC, was featured in an article in the Family Court Review in October…Continue
Added by Paul W. McVicker on April 16, 2013 at 10:30am — No Comments
Report of the ADR Section Legislative Committee
On April 5, 2013 the Washington Supreme Court entered an Order on the adoption of Collaborative Law Rules. A copy of the complete order with the proposed Rules is here: April 5 2013 Order on adoption of…Continue
Added by Paul W. McVicker on April 10, 2013 at 8:00am — No Comments
Most family law attorneys are familiar with the saying: "A good settlement is when both parties are equally unhappy." Striving for a better outcome than mutual unhappiness, more and more lawyers are learning the Collaborative process to help their clients experience a better quality divorce process. With tens of thousands of trained lawyers, and a commensurate number of satisfied clients, the growth of Collaborative Practice is reflective of its results. In a recent large-scale…Continue
Added by J. Mark Weiss on February 11, 2013 at 2:25pm — No Comments
by Douglas P. Becker
Legislation has been proposed to establish collaborative law as an out-of-court system for divorces in Washington. Unfortunately collaborative law assumes an equality of knowledge, finances and determination that rarely exists. Its inherent problems have caused both the American Bar Association and Washington State Bar Association to reject the Uniform Collaborative…Continue
Hot off the presses! Read the Survey of Northwest Mediators (pdf), a result of in-depth interviews with over 30 Seattle and West Coast mediators.
Added by Adrienne Keith Wills on January 17, 2013 at 2:00pm — No Comments
In 2012, the WSBA Rules of Professional Conduct Committee issued Advisory Opinion #2223, concluding that lawyers acting as a mediator may not ethically write up a Property Settlement Agreement, Order of Child Support, or Parenting Plan for unrepresented parties. The Opinion does not address a mediator's Memorandum of Understanding.
The full opinion is below and here is a direct link to the opinion on the…
Added by Mark Baumann on December 19, 2012 at 2:46pm — No Comments
Added by Paul W. McVicker on December 14, 2012 at 4:34am — No Comments
Late mediation has been around for decades. While late stage mediation (close to a trial date) may avoid trials, clients today are interested in further reducing expenses, keeping the emotional toll of litigation in check and maintaining relationships.
Late stage mediation results in destroyed relationships. As the…Continue
Added by Sherman L. Knight on December 12, 2012 at 10:25pm — No Comments
Lawyers are, at least in large part, problem solvers. As litigators we deal with vibrant conflict, disputants who want to resolve their differences ... or not. As transactional lawyers we deal with the possibility for conflict in the future and try to plan for it. As negotiators, we try to help our clients resolve actual or anticipated conflicts without the aid of a third party decision maker. (And we should note, litigators are sometimes transactional, and transactional lawyers are…Continue
Added by John Shaffer on July 8, 2011 at 4:30pm — No Comments
It’s an issue every family law attorney and mediator has seen: one spouse owns a separate property house, but sometime during the marriage the couple refinances and in their pile of closing papers is a quitclaim deed that transfers title to the couple. Fast-forward to the divorce and the question is: whose house is it?
Back in the days when appellate courts thought trial judges had brains and divorces were equitable proceedings, this was a discretionary call. Then,…Continue
Added by Web Admin on April 29, 2011 at 12:30pm — No Comments