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Just Court ADR

The blog of Resolution Systems Institute

Archive for April, 2010

Dialogue & Deliberation

Susan Yates, April 30th, 2010

As we in court ADR continue to define what mediation, arbitration and other processes are, it might do us well to look at others who are defining processes. This came to mind when I was checking out the web site of the National Coalition for Dialogue & Deliberation, www.NCDD.org. Their introduction to the “streams” and processes of dialogue and deliberation contains almost 20 processes in the four streams: exploration, conflict transformation, decision-making, and collaborative action.

I’m not suggesting that most of these are the types of processes to which courts are going to refer litigants, but there are approaches that courts and their kin (mediation centers, bar associations, etc.) might think about using when designing and reviewing court ADR programs. A fresh approach might be just what is needed to think outside the box about ADR as it becomes increasingly institutionalized.

Florida Breaks New Ground in Mediator Standards

Jennifer Shack, April 6th, 2010

Former judges in Florida no longer can promote their mediation practice by using the title “Judge” or appearing in judge’s robes in advertisements. In amendments to the marketing rule of the “Florida Rules for Certified and Court-Appointed Mediators,” the Florida Supreme Court seeks to make sure that the “integrity of the judicial system” is not impugned by judges using the prestige of their former office to serve their own commercial interests.  The amendments go further in limiting what former judges (and arbitrators) may say by prohibiting any implication “that prior adjudicative experience makes one a better or more-qualified mediator.”

As this was the first time I’d heard of such a limitation, I searched the Research Library on CourtADR.org for other standards in place around the U.S. It appears that only Florida mentions anything in their mediator standards about how judges may advertise their services. Am I right? Does anyone have other examples of this type of rule?