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Mediation On-Line

A Newsletter from ADR Resources
Volume 8, #3 (Summer 2005)
From: srmarsh (at) adrr (dot) com


Stephen R. Marsh Picture


This is the summer newsletter.  It will be short. Enjoy the summer.

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


I am still looking for a review copy of Russell Korobkin, Negotiation Theory and Strategy (Aspen, 2002) or a good review of the book.

On a completely different topic.  Assume you are planning a program that needs a couple classes on public policy mediation (of the type your students will encounter before they forget the class) and health care dispute resolution.  Training that is appropriate for attorneys who will go into risk management on hospital staffs, etc.  The one class is easy. is the syllabus for a class I taught on the subject, easily adopted.

But, students need a foundation.  I've finally worked out an approach, based on three books.

The first book is Getting to Peace by William L. Ury.  Easy reading, to be read as an introduction and for concepts.

The second book is Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson.

Finally, Managing Public Disputes: A Practical Guide for Professionals in Government, Business and Citizen's Groups by Susan L. Carpenter, W. J. D. Kennedy (even has an updated second edition).

Much of what internal risk managers do is help resolve disputes -- it is a core of management.  While Renegotiating Health Care,: Resolving Conflict to Build Collaboration by Leonard S. Marcus, Janice B. Wyatt, Barry C. Dorn, Phyllis B. Kritek, Velvet G. Miller is the classic that anyone working in a hospital should have read, if you aren't dealing with people who have significant experience (i.e. if you are teaching people in a JD or MPA program), then you need foundation.

If you have a two class track over two semesters (class A then class B), you can teach the foundation, ending up with the perspective that Managing Public Disputes has (Carpenter, et al. acknowledge that in most public disputes the public manager will end up mediating the problem from inside).  Then your students will be ready to read Renegotiating Health Care and the necessary alternative volume Managing Conflict in Health Care Organizations and to learn the topic.

You can see my outlines, including a sample final exam and a sample answer at -- though I was teaching professionals with a health care background.  Ever since then, I've wondered how I would have taught the material without a prepared class.  Now I've figured it out, and that is what this essay is about.

Employment -- the newsletter has a continuous stream of job openings.  Worth subscribing to or checking the archives.

"Deborah Laufer" <> still runs her newsletter with job postings.


I have a blog, but it is not closely related to the topics covered in the newsletter.  That is why I haven't mentioned it above or included a link.

My wife and I celebrated our 20th wedding anniversary.  Much to our surprise, it was cheaper to go to Paris than it was to go to San Francisco (where my wife grew up when she wasn't in Brazil).  I was surprised at how delightful the people were, how few people smoked and that we lost weight.  Of course the company was without compare.  May all of you have good memories wherever you are and whatever you do.  I was going to go to New York this fall, but am going out to California for a wedding of a nephew instead.  I expect it to be as friendly and open there. for a silly 404 error code.  I enjoy looking at these, though I think for most sites you should have a functional error page.  You can see mine at  Not very fancy, but it points you to the on-site search engine and related materials. is interesting, but it makes you wonder what would have happened if it had been mediated.

Contact "Kenneth Nwosu" <> for his "Electronic ADR" software. continually hires associates.  Contact them at 202.965.9205 or at to apply.

If you do business based conflict resolution, there is a growing issue that it would do good to be updated on:

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.  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
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