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Just Court ADR

The blog of Resolution Systems Institute

Author Archive

Special Masters in the News

Susan M. Yates, April 16th, 2018

It’s not every morning that a court ADR mechanism is mentioned in a top news story, but there it was this morning. The idea of a special master was raised in a discussion of options for the court when it comes to deciding what is inside and outside the bounds of attorney-client privilege in the case of Michael Cohen, President Trump’s personal lawyer, whose home, office and hotel room were the subject of a recent search warrant.

The intricacies of “clean teams” and “dirty teams” are far outside my knowledge base, but “special master” is something I understand. RSI defines it in our Court ADR Basics,  “… special masters, are appointed by the court, not the parties, to ensure that a court order is being followed.” For more in-depth information about how the federal court operates in terms of special masters, you might want to check out the Federal Rules of Civil Procedure, Rule 53, Masters, which includes extensive notes on the 2003 amendments to Rule 53.

Whether or not the court decides to name a special master in this situation, as a self-professed court ADR nerd, the fact that it is part of the public discussion was a cool way to start the week.

The Twelve Hours of Conflict

Susan M. Yates, December 20th, 2017

In what has become a holiday tradition at RSI, here is my ADR-themed parody of the Twelve Days of Christmas. Happy holidays!

For the first hour of conflict, my neutral gave to me a round table with a great view

For the second hour of conflict, my neutral gave to me two succinct summaries
And a round table with a great view

For the third hour of conflict, my neutral gave to me three paraphrases
Two succinct summaries
And a round table with a great view

For the fourth hour of conflict, my neutral gave to me four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the fifth hour of conflict, my neutral gave to me five as-pir-in
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the sixth hour of conflict, my neutral gave to me six tested realities
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the seventh hour of conflict, my neutral gave to me seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the eighth hour of conflict, my neutral gave to me eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the ninth hour of conflict, my neutral gave to me nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the tenth hour of conflict, my neutral gave to me ten brainstorms
Nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the eleventh hour of conflict, my neutral gave to me eleven cookie breaks
Ten brainstorms
Nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

For the twelfth hour of conflict, my neutral gave to me twelve resolved issues
Eleven cookie breaks
Ten brainstorms
Nine fresh perspectives
Eight explored BATNAs
Seven caucuses
Six tested reality
Five aspirin
Four mirrored feelings
Three paraphrases
Two succinct summaries
And a round table with a great view

Have a great New Year!

Next Era in Court ADR Resources Now Available

Susan M. Yates, September 26th, 2017

Dear Friends of RSI,

I am thrilled to announce that RSI has launched our new website! Many years in the making, AboutRSI.org now offers a one-stop shop for all things court ADR.

In the revamped Resource Center, you’ll find easier ways to access the resources you rely on, such as information about programs across the country and details on over 5,000 articles, studies and other resources related to court ADR.

You’ll also find new content written by the RSI team. I’m especially proud of our Guide to Program Success – covering how to design, manage and evaluate successful court ADR programs – written by RSI Director of Research Jen Shack and me.

If you are interested in RSI and the critical work we’re doing in court ADR, you will find robust information. You’ll also find all of our major publications – including our program evaluations and monthly Court ADR Connection newsletter.

To learn more, visit us at www.aboutrsi.org!

Sincerely,

Susan Yates

Executive Director

 

Mediators, Can We Shift Perspectives on the “Blind Men and the Elephant” Story?

Susan M. Yates, August 11th, 2017

I have a problem with a story that we in the conflict resolution field use and I’m hoping we can find a replacement for it. It’s the story about people who are blind encountering an elephant. It’s a metaphor and it’s used to make a point about differing perspectives, but from my perspective it sends a negative message about people who are blind.

If you don’t know the story, the idea is that several people who are blind encounter an elephant and because they each touch a different part of the elephant, they perceive it differently. Someone touches the tail and says an elephant is a rope, someone else touches the trunk and says it is a snake, etc. You get the idea. Only a sighted person – who can see the whole – understands that it is an elephant.

My problem with this story is that it defines people who are visually impaired as inherently limited and lacking in capability. (more…)

Mediation Shouldn’t Be More of a Barrier Than a Boon

Susan M. Yates, March 17th, 2017

When it comes to defining mediation, I am not a strict constructionist. As long as a mediation program operates within the ethical boundaries, such as confidentiality, neutrality and voluntariness, which are articulated in the Model Standards of Conduct for Mediators, I can agree with a wide variety of approaches.

Unfortunately, sometimes certain entities (e.g., courts, governments, schools, corporations) seem to use the word “mediation” as cover to make a process that is not really mediation appear more palatable. It is worse yet when the purpose of the program appears to be to create a set of hurdles. One of my core principles in mediation system design is that a mediation program should ease the path to resolution, not erect barriers to it.

A program being developed by the City of Concord, California, to address rising rental rates is looks like the latest example of breaking this principle. (more…)