I just finished teaching a mediation training program for a group of extraordinary people from a wide range of professional and personal backgrounds. It was a delight to work with smart, insightful, good-humored men and women who demonstrated so much intellectual curiosity and a passion for learning.
I promised to pull together for them a selection of must-read articles for mediators — hence this post. I am also including links to suggested sites. I’m breaking it all down into three sections: Read, Learn, and Connect.
Read
In this section are articles tackling important questions about the practice of mediation. These articles have served as the focus of discussion here in the blogosphere and in the real world.
“Is that All There is? The ‘Problem’ in Court-Oriented Mediation“, by ADR scholars Leonard Riskin and Nancy Welsh. From the abstract: “In particular, court-oriented mediation now reflects the dominance and preferences of lawyers and insurance claims adjusters… Mediation is structured so that litigation issues predominate; other potential issues – personal, psychological, relational, communitarian – disappear.”
“Moving Mediation Back Toward its Historic Roots – Suggested Changes” (in PDF), by Joseph P. McMahon, Jr. This article concerns itself with two central criticisms of mediation today: “(1) the legal community has learned to accept low-functioning mediation; and (2) changes are needed to bring commercial and environmental mediation to their full potential.” (With appreciation to Stephanie West Allen.)
What follows are links to resources for new and experienced mediators to continue to develop the capacity to mediate well.
Mediate.com. The world’s leading online resource for news and information about the field of ADR. Nobody –and I mean nobody — does it better. On the main page you can sign up for its weekly newsletter with links to the latest articles and blog posts. Also includes a special “Featured Blogs” section.
Negotiation Tip of the Week. A weekly podcast, just three minutes long, that packs an enormous amount of negotiation wisdom into a tiny amount of time. Produced by Dr. Josh Weiss and the Harvard Program on Negotiation. Speaking of which…
International Dispute Negotiation. A high-quality podcast series by Michael McIlwrath, Senior Counsel, Litigation for GE Infrastructure – Oil & Gas, based at his company’s headquarters in Florence, Italy. Beautifully produced interviews with the best and the brightest minds in ADR internationally as they share their wisdom and experience.
Connect
The following links connect you to bleeding-edge ideas and online conversations about mediation, negotiation, and ADR, or to opportunities to participate in professional associations for ADR practitioners.
World Directory of ADR Blogs @ ADRblogs.com. My ongoing effort to track and catalog blogs world-wide that discuss ADR, conflict resolution, negotiation, and innovations in the practice of law and the delivery of justice. All across the globe mediators are wrestling with the issues that face a still-developing field. A random sampling of English language blogs include Brains on Purpose, exploring the intersection between brain sciences and conflict resolution; Settle It Now, a fresh new look at negotiation and ADR from the perspective of a former litigator and experienced commercial mediator; Mediator Tech, dedicated to making technology accessible for even tech-challenged mediators; Mediator Blah…Blah, a self-described “overly opinionated mediation resource” from New Zealand; and ICT for Peacebuilding, a Sri Lankan blog exploring the intersection between technology and conflict resolution while examining ethnopolitical conflict and its transformation.
MassUMA Working Group web site and blog. For mediators and others interested in taking part in an ongoing conversation about enacting the Uniform Mediation Act in Massachusetts. A chance to participate in making mediation history. Visit the MassUMA Blog to sign up for advance notice of meetings or to add your voice to online discussion.
Diane Levin, J.D., is a mediator, dispute resolution trainer, negotiation coach, writer, and lawyer based in Marblehead, Massachusetts, who has instructed people from around the world in the art of talking it out. Since 1995 she has helped clients resolve disputes involving tort, employment, business, estate, family, and real property… MORE >
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