On January 20-21, RSI put on an advanced two-day training for the mediators in our new Child Protection Mediation Program operating out of Geneva, IL. This training was the culmination of our efforts to put in place a dynamic and collaborative new forum to address child abuse and neglect cases in Illinois’ 16th Judicial Circuit Court. Based on the outcome of the training, I feel confident that our new program will be a huge boon to Kane County, the jurisdiction which the program serves. I also am glad to have taken away some ideas about how to create a better mediator training event, which I get to share with all of you. Read the rest of this entry »
Recently, I attended a panel discussion about ADR and police brutality, which was presented as part of a regular ADR brown bag series sponsored by the Cook County Circuit Court. At a time when police brutality and race relations have been all over the news, this panel discussion was pertinent to me. Not only because of its presence in the news, but also because of its personal significance to me as a member of the African-American community. So I went to the panel, armed with my notebook and pen, ready to take copious notes. My goal: end police brutality with ADR techniques. Spoiler alert: I did not walk away with the key to end police brutality.
“Mediation is especially good for parties with an ongoing relationship.” This is axiomatic when it comes to mediation, right?
This weekend, I had an experience that shed new light on this old idea. I was at a sale of building materials. Although it was advertised as an auction, there were few attendees and so potential buyers simply haggled with the seller’s agent over the price of anything they wanted to purchase. While digging through boxes of tile, I had a front-row seat to the negotiations between the agent and a potential buyer over some marble.
The feints and parries were familiar to anyone who has mediated many cases.
“Well, I don’t know what these would cost,” said the buyer, trying to downplay her expertise and develop sympathy in the agent. But the agent responded, “Don’t try that dumb girl thing on me! I’ve dealt with you before. You are smart and you know what these would cost.”
“Look, I have other buyers who will give me what I am asking,” said the agent, trying to assert a BATNA. But the buyer responded, “Where? I don’t see any other buyers here!”
The agent also tried to make herself seem sympathetic, even powerless, with the plea, “The seller would have my head if I sold them for so little.” But the buyer replied, “You can do whatever you want!”
The potential buyer tried to make a small move look more attractive by changing the format of the offer to a total price, rather than a per piece price. But the agent turned the math back into price per piece.
They went back and forth on numbers with plenty of dramatic gestures and raised voices. Their eventual prices were $240 and $260.
And they both walked away from the deal over a $20 difference!
Why did these two experienced negotiators walk away from the deal? Read the rest of this entry »
I’m a data geek. I love poring over data and running analyses to see what story unfolds. On the national level, data can tell us the story of our rise as an industrial power and how that changed how people lived and worked. On a local level, it can tell the story of how the closing of a factory affects the fabric of a community and the institutions that bind it. For foreclosure mediation programs, the data can tell the story of how homeowners are affected by changes to the program. Thus, I was eager to find out how changes to the court rules in the 19th Judicial Circuit of Illinois at the beginning of this year would play out. What story would the data tell? Read the rest of this entry »
The Uniform Family Law Arbitration Act has been finalized by the Uniform Law Commission and the full version with commentary is now available. You can find the final version of the act and other information on it here.
If you want to learn more about the act, the American Bar Association Family Law Litigation Committee is sponsoring a telephonic “roundtable” about it on November 4, at 12:00 pm – 1:00 pm Eastern. The roundtable is free and open to anyone, including non-ABA members, but you have to register for it using the following link: https://form.jotform.com/62504543364150.
The speakers for the roundtable have all been deeply involved in the creation of the model act. They include Barbara A. Atwood, Chair of the Family Law Arbitration Drafting Committee, Uniform Law Commission; Kaitlin A. Dohse, Legislative Counsel, Uniform Law Commission; and Linda H. Elrod, Reporter for the Family Law Arbitration Drafting Committee, Uniform Law Commission.
The Uniform Law Commission describes the need for the act and its intended results as follows: “States’ laws vary when it comes to arbitrating family law matters such as spousal support, division of property, child custody, and child support. The Uniform Family Law Arbitration Act standardizes the arbitration of family law. It is based in part on the Revised Uniform Arbitration Act, though it departs from the RUAA in areas in which family law arbitration differs from commercial arbitration, such as: standards for arbitration of child custody and child support; arbitrator qualifications and powers; protections for victims of domestic violence. This Act is intended to create a comprehensive family law arbitration system for the states.”