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What Might We Learn from the Post-Mediation Shooting in Phoenix?

Susan Yates, February 4th, 2013

Neutrals across the country must have experienced a mutual shudder as we read about a party leaving a Phoenix mediation, lying in wait for the other party and his lawyer to leave, and then shooting them, along with a bystander.

My initial response was from that core, human place. I mourn the loss of life and the injuries. I imagine the fear of those in the immediate area. I wonder if I know, or anyone I know knows, the mediator or any of the participants. My heart goes out to the mediator, Ira Schwartz.

Then I think about how this will play out amid the current debate about the role of guns in our society.

But then I imagine the critical questions this raises for those of us in the ADR field.

  • As neutrals, what are our responsibilities?
  • For those of us involved with court ADR programs, what are our special responsibilities? (more…)

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Posted in Policy-making, Program Management, Training, Skills & Techniques, Uncategorized | 1 Comment »

“Just Court ADR” Wins CPR Award

Susan Yates, January 22nd, 2013

I am thrilled to report that Just Court ADR won the International Institute for Conflict Prevention & Resolution’s (CPR Institute) “Best Electronic Media About ADR Award.” CPR’s esteemed award is presented annually to “a company, group, or individual that has produced exceptional electronic media that was focused on the field of ADR.” Everyone at RSI is very proud of this recognition of our work and grateful to CPR for bestowing it.

As regular readers know, on Just Court ADR RSI staff members discuss current issues in court ADR, bringing fresh information and unique perspectives to these topics. This blog is one of the many methods we use to disseminate (more…)

Posted in Fun Stuff | 1 Comment »

Twelve Hours of Conflict

Susan Yates, December 20th, 2012

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 (more…)

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Posted in Fun Stuff, Uncategorized | 4 Comments »

Negotiation ABCs and the “Fiscal Cliff”

Susan Yates, December 10th, 2012

To those of us who work in ADR and who know something about the negotiations process, the current wrangling in Washington about the “fiscal cliff” is not a surprise. Consider these familiar ABCs that are characteristic of negotiation:

  • Anchoring
  • BATNA
  • Courthouse steps

“Anchoring” is the strategy of initiating negotiations with a position that is very favorable to one’s own interests. Negotiators don’t start with their bottom line. They anchor the negotiations with a position that is as favorable as it can be without poisoning the discussion. Some may argue that the leaders on both sides missed the part about not poisoning the discussion, but they certainly have anchored at positions that are favorable to them. (more…)

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Posted in Uncategorized | 1 Comment »

Farewell to Skadden Fellow

Susan Yates, September 27th, 2012

For blog readers who are used to getting the latest foreclosure mediation news here, I am sorry to say that Heather Scheiwe Kulp – foreclosure ADR guru and RSI Skadden Fellow – is leaving RSI for a clinical spot at Harvard Law School. Who could blame Harvard for scooping Heather up at the end of her Skadden Fellowship? In Heather’s absence, we will continue to provide readers with the latest news on foreclosure, just as we do with other court ADR news, but we certainly will miss her!

For two years, Heather worked with RSI and the Center for Conflict Resolution (our affiliate organization) to improve access to justice for poor and low-income disputants (more…)

Posted in People & Events | 1 Comment »

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