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Mediation On-Line

A Newsletter from ADR Resources
Volume 4, No. 2.
From: Ethesis@AOL.Com (Ethesis)


Stephen R. Marsh Picture


I am lucky enough to have an essay by Chris Gilbert who is the ADR co-ordinator for the Dallas District Courts.  It is at  She mentions the Collaborative Law Movement -- an anti-mediation movement of sorts as well as providing some other updates on a current mediation program.  I have also posted my notes for my presentation to the Anesthesia program at Texas Wesleyan.  It is at

The Recommended Book of the Month:

The Complete Guide to Mediation, Mosten This month I recommend The Complete Guide to Mediation:  The Cutting Edge Approach to Family Law Practice by Forrest S. Mosten.  If you are a Family Law section member with the ABA (American Bar Association) the book is available at discount through the ABA (call 1-800-285-2221).  For everyone else, try Barnes & Noble (they have it, with a discount and cheaper shipping).

A warning.  This is a big book.  441 pages, full sized pages (and then some, larger than a normal hardbound or trade paperback book).  Mosten makes good use of every page.  This is the type of book that has a solid index and needs one.

Second warning.  This book is not only for lawyers and contains significant information on how to deal with lawyers if you are a non-lawyer professional who mediates (or for lawyer-mediators for that matter -- being a lawyer doesn't necessarily make it any easier to deal with them).  It also provides guidance for lawyers on how to deal with mediators. Mosten took the "Complete" part of the title seriously, covering everything from getting the right training, the forms you need and how to market yourself.  He explains how to handle multi-session divorce mediation as well as single session work.

Would make a nice book for an academic class.

Interesting new Mediation & ADR web sites

I remain interested in getting referrals to new or important ADR sites.  Please send me the url rather than embedded links so that I can look at the address before having to visit it.  Thanks.

Essay/Comment/Employment notes

Right now, an BSRN who decides to go back for a master's in anesthesia can expect to have offers to pay for his or her entire education, a signing bonus and a starting pay of $120,000.00 or more a year.  Compare that to a masters in dispute resolution from most programs.

Speaking of employment in the field, this is a direct quote from someone doing field work in dispute resolution:  "I'm supposed to be in Kalimantan (Borneo) right now, but one of the groups I was to be bringing together began killing members of the other group and carrying their heads around on sticks. We decided to postpone a couple of months."

Educational Programs:

Last month I provided materials and details on starting your own dispute resolution program at a university near where you live.  However, a growing emphasis of many business schools is conflict resolution.  It even has its own section with the Academy of Management.  As I noted, is the web site for the Conflict Management Division of the Academy of Management.

To teach in one of these programs takes a PhD.  You might think that getting a PhD is beyond your reach, especially if you are a minority or female candidate.  That is not so.  Read the FAQ at  The bottom line is that most PhD programs will pay you somewhere between $1,200.00 and $2,000.00 a month to go to school for a PhD in Business, which takes about three years.  As for placement, read for a little perspective.  It is an entirely different world than liberal arts.

This raises a couple of thoughts and questions.

First, if you've noticed, in listing ADR programs in higher education, many groups list only law school programs, or list law school, graduate school and undergraduate programs.  I expect to see that three part grouping change to a four part grouping, with business school being the new group.  It may well be that law schools cease to be considered in that focus as well, since even a "top ten" program usually offers only two or three ADR classes.  I'm not sure that outside of law, three classes in an area constitutes teaching it.

Second, it should be interesting to see if any one area begins to dominate ADR at the graduate level.  I found it interesting that the Academy of Management did not include a link to SPIDR in their links section (though I expect that to change). In some ways, business schools are as insular as law schools, in some ways much less.

Third, this presents a third way of entering the teaching end of the field.  I've already addressed teaching ADR in law school and building a program from Continuing/General Education roots.  Building a dispute resolution program from a business school is the next one I will be thinking about.

So, no conclusions, just some thoughts.

News and Book Reviews/Books/Periodicals

I expect to be reviewing a book by Jerome Levy next month and discussing about how his publisher decided to market the book and the dramatic change in sales a single marketing decision made (royalties went up by more than a factor of ten).

Current Issues

I recently was involved (representing a client) in a mediation that was held without a mediator.  The attorneys involved shuttled back and forth instead.  It worked, and I found it interesting.  "mediatorless mediation" is what the attorney on the other side called it when he explained that we were going to do without a mediator in the mediation session we had scheduled.

Submissions to

As always, I am interested in any submissions or articles anyone would like to have posted on the web -- and I am glad to be able to point them out in this newsletter.  I prefer to post material as you have written it, with no editorial changes by myself.

With my best regards, I remain,

Sincerely yours,

Stephen Marsh
Additional material is included in the on-line version.
If you are curious where the term/name Ethesis comes
from, visit

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Post Script (the "extra" material for the on-line version).

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