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Mediation On-Line

A Newsletter from ADR Resources
Volume 8, #5 (Year's End 2005)
From: srmarsh (at) adrr (dot) com


Stephen R. Marsh Picture


This is the newsletter for year's end of 2005.  It will be short.

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.

Mediator Communication Competencies
Problem Solving and Transformative Practices (5th Edition)
William D. Kimsey
Bruce C. McKinney
Dorothy J. Nace
Sallye S. Trabaugh
Pearson Custom Publishing (Boston Massachusetts, 2005), softbound textbook, 156 pages, $60.00.

This is a cleanly laid out textbook.  With 13 chapters it would fit exactly into a sixteen week semester, once time for roleplays, mid-terms/finals and simulations is factored in.

Each chapter begins with the bullet points for the skills and knowledge a student should gain from the chapter.  Each chapter ends with not only a summary, but with a collection of relevant references.  The text itself leads one form an introduction to the subject matter, through ADR to the transformative model.

If you are teaching potential H.R. students, civilians working on government contracts, or anyone involved in the Post Office model, this text will fit your exact needs.  It shows the polish and refinement one would expect from a fifth edition, and has been ruthlessly edited for clarity and usefulness.  Not a page is wasted.

Use this book in connection with if you have any interest in federal sector mediation.

Principles, Process, Practice (2nd Edition)
Laurence Boulle
Lexis-Nexis Butterworths (Chatswood NSW Australia, 2005), softbound textbook, 628 pages, $80.00 (Australian) or $111.00 (American on

This is a rigorous, comprehensive, knowledge based textbook.  The first edition was published in local editions in eight nations covering almost all time zones.  Internationally it is the acknowledged classic used in universities and graduate schools.  There is a good reason it is the classic text.

For a North American or South American mediator, the value of this book is in the nuance and perspective created by a diligent, scholarly, and academic Australian view of the topic.  Some "universal" matters seem more universal, some seem less (and yes, this book cries out for a Spanish translation for Spanish speaking academics).

For anyone thinking about mediation, this is a very valuable volume.  Obviously it is the dominant classic in a target market, but outside of that area it is a valuable second look at the topic, form choices to meaning to implementation and regulation.  Reading this book lets you see the field in stereo, hear it in surround sound, feel it in a depth not otherwise reached. There may well come a time when one can not claim to be a legitimate academic in the ADR area and not have read this book.



Sullivan University’s Graduate Dispute Resolution Studies Program seeks adjunct faculty to teach online. For more information on the program and adjunct faculty requirements, see or contact John Willis, PhD, Director of Graduate ADR Studies, 800-844-1354, ext. 554,


Partners for Democratic Change, a global organization based in San Francisco, is dedicated to promoting a culture of change, consensus and conflict management in evolving democracies. It seek a director of training to build a training and education department to consolidate knowledge and disseminate new initiatives in the United States and abroad. For a full job description, see To apply, send via e-mail a résumé, cover letter, and contact information for three references to:


Olshan Foundation Repair Company v Ayala
4th Court of Appeals - San Antonio
September 07, 2005 - 04-04-00829-CV

Arbitration Agreement Was Unconscionable.

Ps contracted with D for the installation of foundation stabilization to their home & sued when the foundation system failed. In response, D moved to stay proceedings & compel arbitration; the trial court granted D’s motion. After Ps received notice that arbitration with the American Arbitration Assoc. would cost $63,670 (Ps’ portion totaled over $33,000), they reurged their objection to arbitration. The trial court granted the motion. Held: Affirmed. The excessive costs of an arbitration rendered the arbitration agreement unconscionable—Ps paid only $22,650 for the installation of foundation stabilization to their home.



The Center for Information Technology and Dispute Resolution is offering its fifth annual international competition for online dispute resolution. The free competitions are open to law students worldwide who have an opportunity to practice and demonstrate their ADR and litigation skills working in a technological environment on the international plane. The only requirements are that students have access to the internet and permission of a faculty member to participate. For details, see

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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