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Friday, June 29, 2012

Mediation Community Marked by Rich Diversity of Background and Perspective

The Winter 2012 quarter of ACResolution Magazine has a very nice series of articles addressing how mediators' various professional backgrounds affect their conflict resolution work.

The issue offers a refreshingly pragmatic view point, in my opinion.  In the past few years, LinkedIn and other professional discussion groups have reflected some serious "crisis of faith" amongst alternative dispute resolution (ADR) practitioners, as we weigh the relative merits of competing mediator styles, and struggle to define ourselves within this very broad and indefinite system of processes and techniques called ADR.  

To me, much of this chatter calls to mind the admonition that we mind our own row, not that of our neighbors.  Not only do we not need to comment on and critique the different ways our neighbors have of doing things, we also do not need to judge ourselves against our neighbors.  What I appreciated about this ACResolution issue is that it neatly eschews the whole discourse of whose way is better, by simply recognizing that we ADR professionals are all uniquely shaped by our backgrounds and experiences. 

Tuesday, June 19, 2012

Do We Care More about the Niceties than Conflicts of Interest and Incompetency?

As a neutral Administrative Law Judge and arbitrator, I have had some hot-headed uncivil litigants appear before me over the years.  Sometimes I have threatened them with sanctions: mild, administrative stuff, such as excluding argument or evidence which the incivility concerns; halting the hearing; or--in extreme cases reflecting a pattern of disrespect--excluding counsel or their client from the hearing.  Generally, though, I chalk it up to that just being what advocates do.

Recently though, I have had cause to wonder if  society and/or the bench is going through a bit of a metamorphosis on this issue.  The April 2012 ABA Journal notes