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Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘mediation’

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…)

Promoting ADR on the Go

Just Court ADR, January 15th, 2013

As the Resource Center Director at RSI, I receive questions about Court ADR and do my best to help people through our extensive database. When the questions have general interest, I like to completely rewrite them and share them with our readers.

Dear Mary,

I travel to courts around the world promoting court-related mediation programs. I can communicate my belief in the power of ADR, but I’d like to back up my passion with some cold, hard facts about actual results from ADR programs across the country.

Sincerely,
World Traveler  (more…)

Twelve Hours of Conflict

Susan M. 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…)

Honoring Roger Fisher, ADR Leader and Innovator

Just Court ADR, August 29th, 2012

Most law school or business school students will, at some point, be asked to read, “Getting to Yes: Negotiating Agreement Without Giving In.” Written in 1981, the ideas the book espouses form the basis for much negotiation and mediation theory taught today. Any ADR practitioner, whether they’ve read the book or not, can give thanks for the life of Roger Fisher, Professor Emeritus at Harvard Law School and co-author of “Getting to Yes,” who passed away August 25, 2012.

Roger Fisher’s experiences in World War II prompted him to look for another, better way to resolve conflict without sacrificing people’s individual needs and interests. Thus, along with William Ury and Bruce Patton, Mr. Fisher developed the principle that people can be moved from focusing on their positions to identifying their underlying interests and coming up with creative solutions to have those interests met. The authors also co-founded Harvard’s Program on Negotiation and wrote extensively on negotiation theory and practice.

His ongoing work to promote peace through understanding each other’s true needs will forever shape the landscape of ADR. His passing is a loss to us all.

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