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Mediation On-Line

A Newsletter from ADR Resources
Volume 4, No. 4.
From: (Ethesis)


Stephen R. Marsh Picture


Mediation continues to mature and wonderful things are happening.  For great information on grants and funding chances, visit  It is wonderful to see the growth and opportunity that the ADR area is enjoying.

The Recommended Book of the Month:

Game theory is getting more and more important (as it gets tied closer and closer to reality).  If you teach negotiation or use it to improve your dispute resolution, you might be interested in game theory. Co-opetition is a new book by Co-opetition by Adam Bradenburger and Barry J. Nalebuff that has a new theory of cooperative competition.  For other books on the general theory topic visit  I recommend Co-opetition.

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

I've included important links on this topic above.  It is nice to see employment opportunities increase.

Also, the National Association for Community Mediation (NAFCM) is seeking candidates for a graduate-level internship to begin in April and continue for six months. (e-mail), 202-667-9700 x213 (phone), or 1527 New Hampshire Ave., NW, Washington, DC 20036 for your application.

The National Association for Community Mediation (NAFCM) announced the first round of grant recipients in the NAFCM Minigrant program.  To be considered for the next round, contact them at Joanne Hartman 202/667-9700 ext. 219

Educational Programs:

The second annual legal educator's colloquium is being held April 28, 2001 in Washington, D.C.  It will be part of the ABA's Dispute Resolution Annual meeting and will be inviting teachers from business and medical schools to attend as well as the usual behavioral and social sciences types and the formal graduate and undergraduate dispute resolution program directors.  If you want to provide themes, suggest presenters or find out more, contact or  (yes, jcoben is Jim Coben at Hamline, 651-523-2137 if you want to give him a call).

Also, a conflict management paper was the Grand Winner of the 2000 Outstanding O.D. Project of the Year Worldwide was "Using Organizational Narratives to Facilitate Culture Change and Organizational Learning at Lucent Technologies." This project was conducted at Lucent Technologies and submitted by Diana Tyson, Claudia Cohen, Ph.D. and Joan Slepian Ph.D.

The ABA Section of Dispute Resolution announces tuition scholarships for legal services, community service and pro bono attorneys for its annual Alternative Dispute Resolution Conference in Metro Washington, DC. Salary for recipients should be in the range below $45,000.  Letters of application may also be to faxed to (202) 662 1683 or e-mailed to has issued a call for roleplays:  The Second Annual Legal Educator's Colloquium, scheduled for Saturday, April 28th in Washington, D.C., as part of the American Bar Association's Dispute Resolution Section Annual meeting, will include a special workshop session devoted to examining how exercises, roleplays, and simulations can be most effectively used to develop the perspective of the lawyer as problem solver. If you are interested in presenting and having your ADR exercise, roleplay, or simulation chosen for and "tested" at the Colloquium, please forward a copy no later than February 20, 2001 to: Lela Love ( and and Jim Coben ( Exercises, roleplays, and simulations submitted for selection may also, with the author's permission, later be published in an American Bar Association compilation prepared as part of the "Lawyer as Problem Solver" initiative.

News and Book Reviews/Books/Periodicals

I'm continuing on reading a book on unbundling legal services.  I'll have more on that later.  I've provided unbundled services to select clients for over fifteen years.  While it can be a nightmare, with the right clients it is a great thing.

Current Issues

The issue of confidentiality continues to be an important one, all the more so as private memorandum contiue to surface from the Microsoft mediation.  While Judge Posner got their permission before his New Yorker article, not everyone had the parties permission to breach the privilege.  Interesting to watch as it developes.

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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Copyright 2001 Stephen R. Marsh
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