RPS Theory
John Lande first articulated Real Practice Systems Theory in a 2023 article in the Cardozo Journal of Conflict Resolution, Real Mediation Systems to Help Parties and Mediators Achieve Their Goals. The article identifies problems with traditional mediation theories, argues that dispute system design offers a more realistic framework for analyzing mediation, outlines the rationale for RPS Theory, and illustrates it with in-depth analyses of the systems used by ten experienced mediators.
RPS Theory isn’t limited to mediators. All practitioners have unique practice systems based on their personal histories, values, goals, motivations, knowledge, skills, and procedures as well as the parties and the cases in their practice. They develop mental categories of cases, parties, and behavior patterns. Practitioners’ systems grow out of their experiences and evolve over time. They rely on both unconscious routines and conscious strategies to address recurring challenges.
In mediation, for example, these systems include practitioners’ thoughts and actions before, during, and after mediation sessions. The following illustrates general practice systems where parties are represented by lawyers and everyone prepares before mediation sessions.
| Stages | Lawyers | Parties | Mediators |
|---|---|---|---|
| Case Evaluation and Client Counseling |
Learn facts and evaluate case
Advise clients about dispute resolution options
Decide to mediate and retain mediator
|
Arrive stressed, worried, confused, angry, etc. Lawyer conducts “client school” to reassure, educate, coach clients etc. |
|
| Preparation for Mediation Session | Coordinate with mediator’s preparation for mediation session | Prepare for mediation session with lawyer | Coordinate preparation for mediation session |
| Mediation Session | Represent client | Decision time | Mediate |
| Follow-up | Follow up if needed | ??? | Follow up if needed |
Practitioners can use the RPS framework to (1) become more conscious of how they think and why they act as they do, and (2) intentionally improve their techniques.
RPS Theory grew out of the book Litigation Interest and Risk Assessment: Help Your Clients Make Good Decisions, co-authored with Michaela Keet and Heather Heavin. For a summary of the LIRA book, see this blog post.
John developed RPS menus of checklists for mediators and lawyers, providing detailed guidance on actions before, during, and after mediation sessions. The checklists also include items on website content, ethical compliance, and strategies for improving mediation techniques through reflection and continuing education.
These sources – the Cardozo article, LIRA book, and mediation checklists – form the core of RPS Theory.
The RPS Annotated Bibliography summarizes publications on RPS Theory, including foundational precursors. Here’s the table of contents:
- Introduction
- Overview of Real Practice Systems Theory
- Critiques of Traditional Dispute Resolution Theories
- Promotion of Party Decision-Making
- Litigation Interest and Risk Assessment
- Preparation for Mediation Sessions
- Technology Systems
- Planned Early Dispute Resolution
- Dispute System Design
- Applications in Court Systems
- Applications in Legal Education