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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘training’

Clients Choose Mediation Based on Mediator’s Words and Silences

Mary Novak, February 4th, 2013

Recently, I had the good fortune to attend an outstanding webinar by Professor of Social Interaction Elizabeth Stokoe,  hosted by the National Association for Community Mediation (NAFCM). Professor Stokoe performs conversation analysis on interactions between mediators and parties. In her presentation, she discussed four common problems mediators may encounter during intake calls with potential clients who are involved in a neighbor-to-neighbor dispute. The problems can lead to the potential client rejecting the opportunity to mediate.

The four core problems that Professor Stokoe discussed are: (more…)

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

Susan M. 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…)

E-Discovery Mediation and Litigation Planning

Heather Scheiwe Kulp, April 30th, 2012

Welcome Jennifer LaDuke, RSI’s guest blogger, writing about her experiences at a recent e-Discovery mediation training.

As an attorney shifting her career toward mediation, I am always on the lookout for training opportunities to further my skill set and knowledge base. I have previous experience with litigation and electronically-stored information, including participating in a half-dozen large-scale cases where tens of thousands of electronic documents had to be reviewed, tagged, and logged. So, I was thrilled to link my interest in mediation and my previous experience by attending a recent two-day training program offered by the American College of e-Neutrals on the use of mediation to (more…)

Part 3 of 3: Foreclosure Mediation Best Practices

Heather Scheiwe Kulp, March 14th, 2012

MEDIATION SESSION ELEMENTS

Ensure Mediators are Well-Trained

Some programs, fearing they will not be able to attract people to mediate, lower the requirements for training mediators. Instead of the normal 40 hour mediation training, they may require only 12 hours of training with an additional training in foreclosure law, or only require that the mediator be an attorney. This lack of training jeopardizes the mediation process itself, as people may not have the tools after 12 hours of training to manage such a complicated discussion. Connecticut’s program boasts a high settlement rate, in part because (more…)

New Resources on CourtADR.org

Jessica Glowinski, July 18th, 2011

Here is a list of the new, abstracted resources that have been added to CourtADR.org, RSI’s national resource center, in the past few weeks. These are just a few of the over 4,000 resources available on CourtADR.org. We are always looking to expand our collection – if you know of any new research, programs, legislation, videos, or other resources, please let us know! (more…)