Did you know there is an ADR process called “hot-tubbing?” This was news to me when I heard it mentioned last week at the Court ADR Symposium (which occurs every year on the day before the ABA Dispute Resolution Section Conference). As I understand it, the process is used sometimes in arbitration when there are conflicting expert opinions. Basically, the idea is that rather than simply hear expert testimony from each side sequentially, the arbitrator questions the experts concurrently. Hot-tubbing has been used in court settings in Australia, England and Wales, as well as in arbitration. (more…)
Archive for the ‘Training, Skills & Techniques’ Category
“Hot-Tubbing” and ADR?
Susan M. Yates, April 7th, 2014Clients Choose Mediation Based on Mediator’s Words and Silences
Just Court ADR, February 4th, 2013Recently, 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, 2013Neutrals 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…)
Mediation and Non-Violent Communication
Susan M. Yates, July 5th, 2012As a mediator who likes to think that I help parties understand and work with their emotions and their underlying needs and interests, the training I attended last month on Nonviolent Communication (NVC) was fascinating. They say it can take three years to really understand how to incorporate NVC fully into your life, and I don’t profess to really understand NVC after one weekend, but this introduction was fascinating. This introductory seminar didn’t address how to mediate in the light of NVC, but it left me reflecting on how that might happen. (more…)
