Mediation On-Line A Newsletter from ADR Resources http://adrr.com/adr9/069.htm Volume 8, #1 (Spring 2005) From: srmarsh (at) adrr (dot) com Subscribe

Greetings:

• http://www.law.com/jsp/article.jsp?id=1103549729332 is probably the embarrassing mediation story of the year.
• http://news.bbc.co.uk/1/hi/magazine/3335275.stm is an interesting article on "luck" and one that is good for the season.
• http://www.timesandseasons.org/index.php?p=2019 is a tragic story of the result of picking the wrong mediator.
• http://ventureintowonderland.blogspot.com/2005/02/girl-with-pearl-earring.html has mediators behaving badly.
  

Usually I wouldn't start a newsletter off with links, but the story of Adelbert Denaux and Alessia really touched me, and the other links are ones that have some significant meaning for each of us in the new year. (A colleague said to me "Steve, you read all this stuff and what you notice is the mediators?!"  Ok, the stories have more to them, but ADR is what I'm writing about).

Help Needed/Employment Openings

If you are looking for employment in academic related ADR, here are some of the useful links I've found:

• http://www.law.missouri.edu/llmdr/careers.htm
• http://chronicle.com/jobs/100/600/5000/
• http://www.ssrn.com/update/lsn/lsnjob/lsn_job.html
• http://higheredjobs.com/faculty/facultySearch.cfm?JobCat=134

It is somewhat ironic that my wife gets cold calls about teaching (she got another this Saturday morning) while I haven't gotten one for about 5-6 years.  I miss teaching, but I promised my oldest daughter that we wouldn't move (if at all) until after she graduated from high school.  That daughter is a junior this year.

Interesting new Mediation & ADR (and other) web sites and useful links:

• http://www.mediationworks.com/tools is a useful link for mediation tools.
• The Missouri Law School is hosting the web site for the ADR Section of the Association of American Law Schools at http://www.law.missouri.edu/aalsadr/index.htm
• http://www.law.missouri.edu/aalsadr/DR_syllabi.htm contains course syllabi -- useful if you are teaching.
• www.WinSquared.com. now has five negotiation lessons on-line for free.
• www.citydisputespanel.org is a non-profit provider in the United Kingdom.
• Hastings has an interesting program:  http://www.uchastings.edu/?pid=2862
• www.mediate.com/proactive -- a nice mediator's website.
• Visit www.blackwellpublishing.com/freetrial before March 30 for step-by-step activation instructions using the Access Token "Mediate.com 2005" in order to obtain a thirty day free access to various publications.

Mediation Blogs (the above are interesting sites, below are blogs and related sites on mediation only; warning though, most bloggers wander all over).

• no new mediation blogs.
  

Books/Research

I'm looking for a review copy of Russell Korobkin, Negotiation Theory and Strategy (Aspen, 2002).

But, speaking of review copies and books, I get asked about which books I can recommend to people interested in ADR.

I have some fairly straightforward suggestions.

If you are an undergraduate student trying to get a handle on things, or if you are taking a document intensive class (99% handouts vs. textbook oriented) I suggest:Basic Skills for the New Mediator and Basic Skills for the New Arbitrator.  Clear, direct, start to finish basics.  I keep expecting to see him write a "Mediation for Dummies" book.  New editions just came out for both books, and I recommend them strongly to anyone at an entry level or who needs a structure to go with more intense materials.

If you are a manager (as in management in business) or in an MBA or DBA program, I suggest Conflict Resolution by Daniel Dana

If you have graduated from college and have a profession and are interested in becoming a mediator or understanding mediation, I suggest two books:  The Art of Mediation The complete script for a 40 hour class on mediation by Mark Bennett and Michele Hermann and The Mediator's Handbook Tools and guidance for any mediator by Jennifer E. Beer, Eileen Stief, Friends Conflict Resolution Programs.

For those in government or working for NGOs, I suggest the old classic:  Managing Public Disputes: A Practical Guide to Handling Conflict and Reaching Agreements by Susan L. Carpenter and W.J.D. Kennedy, 1988, San Francisco, CA: Jossey-Bass Publishers.

This website has a nice modern synthesis of the concepts:  http://www.ctic.purdue.edu/KYW/Brochures/ManageConflict.html

Otherwise, if you want to set up a mediation center: http://adrr.com/adr3/ and for syllabi for teaching a numbr of concepts:  http://adrr.com/smu/.

Other

wendell@healthcaremediations.com is the contact person for Managing Conflict Ethically - April 13-14, 2005, an interdisciplinary gathering of people involved in health care ethics, alternative dispute resolution, patient safety, and health law

I will be in Paris, France for a week at the end of April if anyone else is going to be there then, but will be focused on my dearest wife.  We have made it to twenty years together and thought we would celebrate.

Final Comment/Current Issues

I'm fascinated by the expansion of ADR into Legal Studies programs and its continued growth in law schools.  There seems to be a maturing of the subject that did not exist even ten years ago.  I'm also interested to see how negotiation is coming.

Submissions to adrr.com

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.  srmarsh (at) adrr (dot) com is the best e-mail address to use to reach me, though I sometimes am not able to check my e-mail for 3 or 4 days.

With my best regards, I remain,

Sincerely yours,

Stephen Marsh
http://adrr.com/adr9/069.htm
Additional material is sometimes included in the on-line version.
If you are curious where the term/name Ethesis comes
from, visit http://adrr.com/living/ethesis.htm

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Adelbert Denaux and Alessia

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