Resources / Study / Innovation for Court ADR

Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘ADR’

‘Tis the Season for Mediation

Susan M. Yates, December 9th, 2014

In what has become an annual tradition, here is RSI’s seasonal parody of the Twelve Day of Christmas. Enjoy!

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

For the third hour of conflict, my neutral gave to me three paraphrases

For the fourth hour of conflict, my neutral gave to me four mirrored feelings

For the fifth hour of conflict, my neutral gave to me five aspirin

For the sixth hour of conflict, my neutral gave to me six tested realities

For the seventh hour of conflict, my neutral gave to me seven caucuses

For the eighth hour of conflict, my neutral gave to me eight explored BATNAs

For the ninth hour of conflict, my neutral gave to me nine fresh perspectives

For the tenth hour of conflict, my neutral gave to me ten brainstorms

For the eleventh hour of conflict, my neutral gave to me eleven cookie breaks

For the twelfth hour of conflict, my neutral gave to me twelve resolved issues

Everyone at Resolution Systems Institute wishes all our friends happy holidays and a happy, healthy 2015!

What’s Labor Day Got to Do with ADR?

Susan M. Yates, August 29th, 2014

For a while in the evolution of the ADR field, when two neutrals met they would sometimes ask what the other’s “profession of origin” was. What they meant was, “what did you do before you were a mediator?” There were some unspoken questions packed in there, too. They wanted to know, are you a full-time neutral or are you really from some other profession and trying to break into this one? And mostly I think they wanted to know, are you like me? Are you a lawyer, a therapist…?

I haven’t heard this question much recently. Maybe that is partly because ADR really is sinking into our society. Kids are mediating on playgrounds and deciding in college that they want to be mediators. Young adults are getting Masters Degrees in conflict resolution and looking to change the world. More people see mediation as their first career of choice, not the one they move to when they are tired of their original plan.

Even as conflict resolution increasingly becomes part of our everyday life, I would like to pay homage to a profession of origin that seems to be lost in the haze of ADR history. Thank you to the mediators and arbitrators who came from the labor relations field. (more…)

Values and Interests Revealed in Detroit “Grand Bargain”

Mary Novak, June 24th, 2014

The story of the Detroit bankruptcy mediation’s emerging “Grand Bargain” (as it has been dubbed in the media) is a fascinating case of many different groups working to protect their chosen interests. The bargain demonstrates how mediation allows parties to consider what they are willing to give in order to secure the things that matter most to them, and how traditional rivals may collaborate for a shared goal. Where litigation must have winners and losers, the proposed mediated bargain seeks to avoid that. Instead, it involves a complex balancing act in which many parties give a little to get a little — if “a little” is the right way to describe the potential movement of hundreds of millions of dollars. (more…)

Remembering Dick Salem

Susan M. Yates, March 24th, 2014

The field of Alternative Dispute Resolution lost one of our founders this weekend when Dick Salem died. Dick’s core values led him to work in dispute resolution before it was a field. While serving with the U.S. government’s Community Relations Service in the 1960s and 70s, he was mediator at Wounded Knee and when Nazis wanted to march in Skokie, Illinois. Later, he worked extensively in South Africa and then other African countries, most notably Rwanda.

Dick also worked in the Chicago area, which is where I met him back in the 80s. Wherever ADR was the topic, Dick was there. He served on the board of Neighborhood Justice of Chicago (now the Center for Conflict Resolution) when I was executive director and we served together on the board of the Chicago chapter of the Society of Professionals in Dispute Resolution (now the Association for Conflict Resolution.) (more…)

Death Knell for Court ADR in LA

Jennifer Shack, March 14th, 2013

You might have read my previous post noting the threatened closure of Los Angeles County Superior Court’s ADR programs. It’s now official. As of March 11, the court stopped accepting referrals to its pro bono mediation program, as well as for any arbitrations, mediations, neutral evaluations, and voluntary settlement conferences from civil, family, and probate courtrooms. In April, mediation will cease for any Civil Harassment, Small Claims, and Unlawful Detainer calendars. All  ADR offices will be closed by May 1st.