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Mediation On-Line

A Newsletter from ADR Resources
Volume 4, No. 9. (July 2001)
From: (Ethesis)


Stephen R. Marsh Picture


I am pleased to be able to announce a new case study on my web site. is the url and Margaret Colleen Davenport is the author. I have also been privileged to host a copy of an article by Barry Simon, at -- Perspectives of a Non-Lawyer Mediator.  Also, on-line at at the bottom of the page I have (with permission) some comments on linguistics and the law.

Also, this is the first newsletter I will have sent out using the new service I have signed up for at has announced that it will be out of business by the end of August and so I am migrating.  I apologize for any confusion or problems that I may have caused anyone.

The Recommended Book of the Month:

I recommended Dan Dana's book for two months on my site's home page.  I'm still pleased with that decision and do not feel that I was giving it too much emphasis.  This month I recommend Spin Selling (Situation, Problem, Implication, Need -- S. P. I. N.) by Neil Rackham.  Most professionals, especially mediators, are selling an intangible service.  The same techniques that sell toasters are harmful when you try to sell your services or anything else worth more than about fifty dollars.  In addition to the sales advice and orientation, Rackham (who is a consultant) uses terms and approaches to that are congruent with those that a dispute resolution professional uses to help others solve their problems and approaches -- selling things from the perspective of understanding and meeting the needs of others.

I am also recommending Managing Public Disputes by Susan L. Carpenter and W. J. D. Kennedy.  I spent a lot of time looking for a better book before I finally just sat down and began to read this one.  I was hoping for something newer that would include that intangible something ... but this book is comprehensive, solid and complete (who needs je ne sais quoi when you have everything?).  I only wish I had begun to read the book sooner.  I've waited to recommend it in order to leave Dan Dana's book on my front page longer, but it is a book that every professional ought to read who is resolving disputes beyond court annexed cases.  

I admit I was distressed to discover that the most common method of environmental and public policy dispute resolution consists of shuttle negotiation (pure process mediation).  Managing Public Disputes gives you much, much more.

Interesting new Mediation & ADR web sites

Educational Programs / News and Book Reviews/Books/Periodicals

The Theory-To-Practice project has published a monograph, Monsters in the Waters, Fear and Suspicion Divide the Field of Conflict Resolution.  The monograph is also titled, The Conflict Resolution Practitioner.  The one title is the title of the issue, the other title is the title of the publication, which they hope will continue.  The journal is on-line at

I thought I would comment on some of the points made in The Conflict Resolution Practitioner in light of my own observations and thoughts.

First, scholarship in dispute resolution is moving ahead in several ways -- all pretty much unrelated.



Obviously this is my take on the situation, not the way the information is presented in The Conflict Resolution Practitioner nor necessarily the conclusions that they reach.  Visit their website and read their material yourself.


Associate General Counsel, Alternative Dispute Resolution Law Office, Office of General Counsel, ES-905, Salary: The salary range for this position is ES-1 to ES-5, $120,261 - $133,700 per year.  This is the best opening, bar none, that I have seen for a dispute resolution professional.

Current Issues

I had a long talk with two different individuals, both working with government entities.  One is attempting to establish a certification program in connection with state courts in order to (a) legitimatize mediation in the state at issue, (b) assure quality control, (c) assure equal access to referral panels.  I wish him luck.  The other is attempting to evaluate mediation in the United States vis a vis their province's program and to understand why so many programs seem to be completely dominated by process mediators.  I am working on an essay that expresses my thoughts and reflections.

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.  I should also note that I am changing my service provider, so that is the best e-mail address to use to reach me.

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

Back issues at

If for some reason you wish to be removed from my periodical mailings please let me know. If I'm sending anyone extra copies or sending it to anyone who shouldn't be getting it, please let me know. This e-mail mailing list is supposed to be limited only people who would be interested and who have subscribed.  Thanks for your patience and help.

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

Feel free to repost this information. I have made some minor changes (e.g., eliminated the word "these syllabi" from item E in Dr. Levi's contribution, and used bold type with the numbers that indicate individual contributions (1,2,3, and 4). If you think editing is needed to get rid of some repetitious statements, feel free to do so.

Susana Sotillo


Date: Tue, 26 Jun 2001 13:34:04 -0400

From: Susana Sotillo IMAP <>

Subject: Resources for Language and the Law

I posted a query to the Linguist List back in May asking for scholarlyreferences and suggestions for an undergraduate course in Language & the Law.

I would like to thank those who responded for their most thoughtful suggestions and generosity in sharing their bibliographies and course descriptions with me. I am overwhelmed. Here is a summary that other Linguist List members may find extremely helpful:

Subject: Language and the Law

1. From Gerald McMenamin <>

Thank you very much for a very impressive bibliography. I am only reproducing parts of it because of space limitations. Those who want the complete bibliography, please e-mail Dr. McMenamim at <>.

Web Resources:

Forensic Linguistics at the University of Birmingham:

Forensic Linguistics: The International Journal of Speech, Language and the Law:

International Association of Applied Linguistics

International Association of Forensic Linguistics

International Association of Forensic Linguists: Bibliography Association for Forensic Phonetics

International Journal for the Semiotics of Law / Revue international de sémiotique juridique

Language in the Judicial Process, electronic newsletter of language and law (Bethany Dumas)

Linguist List Search Engine for Linguistics and Languages

Linguist List Archive of Lists on Linguistics and Languages

Plain Language - USA

Plain Language - UK

P. M. Tiersma Website


Bryant, M. English in the Law Courts: The Part that Articles, Prepositions and Conjunctions Play in Legal Decisions, Frederick Ungar, New York, 1930 and 1962.

Conley, J. M. and O'Barr, W. M. Just Words: Law, Language, and Power, University of Chicago Press, Chicago, 1998.

Crystal, D. The Cambridge Encyclopedia of the English Language, Cambridge University Press, Cambridge, 1995.

Crystal, D. The Cambridge Encyclopedia of Language, Cambridge University Press, Cambridge, 1987.

Danet, B. "Language in the legal process," Law & Society Review, 14:3:445-564, 1980.

Eades, D. "Forensic linguistics in Australia: an overview," Forensic Linguistics, 1:2:113-132, 1994.

Eades, D. Language in Evidence: Issues Confronting Aboriginal and Multicultural Australia, University of New South Wales Press, Sydney, 1995.

Gibbons, J., Ed.. Language and the Law, Longman, New York, 1994.

Gibbons, J. "Applied linguistics in court," Applied Linguistics, 11:3:229-237, 1990.

Kniffka, H. Texte zu Theorie und Praxis forensischer Linguistik, Max Niemeyer Verlag, Tübingen, 1990.

Kniffka, H., S. Blackwell, and Coulthard, M., Eds. Recent Developments in Forensic Linguistics, Peter Lang, Frankfurt, 1996.

Lakoff, R. T. Talking Power: The Politics of Language in Our Lives, Basic Books, New York, 1990.

Levi, J. N. Language and Law: a Bibliographic Guide to Social Science Research in the USA, University of Chicago Press, Chicago, and American Bar Association, Washington, D.C., Teaching Resource Bulletin No. 4, 1994a.

Levi, J. N. "Language as evidence: The linguist as expert witness in North American courts," Forensic Linguistics, 1:1:1-26, 1994b.

Levi, J. N. and Graffam Walker, A., Eds. Language in the Judicial Process, Plenum Press, New York, 1990.

Levi, J. N. Linguistics, Language, and Law: A Topical Bibliography, Indiana University Linguistics Club, Bloomington, 1982.

Melinkoff, D. The Language of the Law, Little Brown, Boston, 1963.

Murphy, H. F. "Linguistics and law: An overview of forensic linguistics," Journal of Law, Intellectual Property, and Technology, 1:,


O'Barr, W. Linguistic Evidence, Language, Power and Strategy in the Courtroom, Academic Press, New York, 1982.

Rieber, R. W. and Stewart, W. A., Eds. The Language Scientist as Expert in the Legal Setting, Annals of the New York Academy of Science, v. 606, New York, 1990.

Shuy, R. W. "Language and the law," Annual Review of Applied Linguistics, 7:50-63, 1986.

Shuy, R. W. Language Crimes: The Use and Abuse of Language Evidence in the Courtroom, Blackwell, Oxford, 1993.

Shuy, R. W. "Linguistics in other professions," Annual Review of Anthropology, 13:419-445, 1984.

Shuy, R. W. The Language of Confessions, Interrogation and Deception, Sage Publications, Los Angeles, 1998.

Tiersma, P. M. "Linguistic issues in law," Language 69:1:113-135, 1993.

Wetter, J. G. The Styles of Appellate Judicial Opinions, A. W. Sythoff, Leyden, 1960. 2. From Judith Levi <>

Judith Levi, a professor at Northwestern, was extremely generous. She shared the following with me:

A. Language and Law: A Bibliographic Guide to Social Science Research in the USA (ABA, 1994). "There are 1350 entries, arranged according to topic. That will give you enough for ten courses' worth of materials."

B. "There *is* no textbook on the subject that I know of... However, you might want to consider one or more of these quite different options as texts:

Language in the Judicial Process (1990), ed. by myself and Anne Graffam Walker (Plenum) -- 1st ever collection of articles on language and law focusing on social science research.

Legal Language (1999) by Peter Tiersma (who has a Ph.D. in linguistics but is a law prof) (U Chicago Press).

Mellinkoff, David (1963) "The Language of the Law" (a classic by a law professor who also wrote "Legal Writing: Sense and Nonsense")

There are other books available (i.e., beyond articles) but your choice would depend on what you want to cover (e.g., forensic linguistics, or language minorities, legal drafting, or legal culture, etc.) You can find numerous suggestions in the Introduction section of my bibliography (q.v.)"

C. Web resources. Judith suggested sending a query to the Forensic Linguistics list: : The Forensic Linguistics home page of the U of Birmingham (UK) -- a superb resource. - a US page called "Language in the Judicial Process" (after our book).

D. For Cyberlaw references: Bethany Dumas, the linguist/JD/consultant/English prof who maintains the LJP site. (<>)

E. Dr. Levi attached her Syllabi as Word Files. These syllabi present a broad survey of topics. Those wishing to obtain copies, please e-mail Dr. Levi at

3. From Nancy Frishberg <> and Georgina Heydon <>


Forensic Linguistics Home Page:

Contact Sue Blackwell at the International Association of Forensic Linguistics (IAFL) at the University of Birmingham,


4. From France <>

"From a sociolinguistic standpoint, two interesting aspects of this are 1. research into cross-cultural 'ways of speaking' and possible miscommunication; and 2. the asymetrical talk that typically takes place in institutional settings where there is a clear power differential between speakers. Put the two together and,bang!, disaster."

An example of applied (or 'forensic') linguistics in law - that takes into account both of the above - is the work of Diana Eades with Aboriginal Australians in law courts.

Once again, thank you so much for your help!

Susana M. Sotillo (

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