Mediation News
January 2014
May You Have a Happy and Peaceful 2014!

In This Issue
Upcoming Events
"Choose Kindness".
The Anti-Antagonist: Advocacy in Mediation.
"The Spirit of Compromise" Book Review and Recommendation
Online Mediation via Skype -

Upcoming Events

ADR.gov
Upcoming Seminars
February 13, 2014
 
Facilitating Online Meetings

Your Brain On Conflict
Click Here

J
anuary
23 - 25, 2013 Baltimore Mediation 20-Hour Advanced Domestic and Divorce Mediation Training
Click Here




March 5-8, 2014
INADR  13th Annual
International Law School
Mediation Tournament
Loyola University Law School
Chicago, IL

Click Here

April 2-5, 2013
ABA 16th Annual Section of Dispute Resolution Spring Conference
in Miami, FL  
 Click Here 

Quick Links


Valenti Law

 

 Just Appease Me (Blog)

 

 Chicago Mediator Daily

 

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                 My thoughts as we begin the new year

                   "It's Challenging, It's not Hopeless"


"For last year's words belong to last year's language
And next year's words await another voice.
And to make an end is to make a beginning."

                                                          ~ T.S. Eliot

It seems to go without saying this yeas, as last, that as we look back, most of us will agree that 2013 was another year where conflict in all forms and varieties is a fabric of our daily existence. Whether we are instigators, willing participants,  reluctant participants, or merely observers, we are all likely to see that we live in a conflicted society.
 
TPV
Last year's reflection sought to look away from a global analysis and inward, suggesting that we "choose kindness" in our interpersonal relationships in the coming year. Hopefully we have all had some success with that. We may have seen that kindness is not always an easy practice, therefore the title -- "It's Challenging, It's not Hopeless"


I take direction and inspiration this year from Malcolm Gladwell's David and Goliath, -- Underdogs, Misfits and the Art of battling Giants.

We all have likely viewed ourselves in a  "David and Goliath" situation, either personally or professionally, especially as mediators where there are the ever present power imbalances. Or, are the imbalances the result of our perception rather than the reality? Are the perceived disadvantages real, or the result of not looking at the larger picture?

Gladwell does an excellent job of recounting instances of advantages that are really disadvantages, and the disadvantages of advantages ( from David, to  school class size, to small stature of a basketball team, to dyslexia, to Londoners during the war, to blacks in the South, to Catholics in Belfast, to murder and the high cost of revenge), making a persuasive argument that not all difficulties are negatives. Many times, from these disadvantages spring important changes.

So may  this mean for us in the coming year?

In all of our lives there are obstacles and difficulties. Some are faced with greater disadvantages than others, and I do not mean to minimize or marginalize that at all.

The "Challenge" is how to turn a disadvantage into an advantage in our personal lives and how to assist those with whom we work to do the same. We can choose to look at some of these circumstances as "desirable difficulties." 

What are "desirable difficulties" ?

Opportunities.

Nothing more, nothing less.

We all have opportunities. What we choose to do with them is up to each of us. What seems to be universally true is that when things are harder, more difficult or more challenging, we work harder. let's not see the world and it's problems as hopeless.

For,  we all have hope  ----

In the words of  Padraig O'Tuama
 may we all have
"hope to keep hoping"

******

                                     
 

Why don't judges just settle legal disputes?

 

from  

 

The Consensus Building Approach
Larry Susskind's blog on the uses of consensus building tools and techniques for more democratic decision-making

 

 

 

In some Canadian provinces, they take what is called Judicial Dispute Resolution (JDR) very seriously. During designated periods, litigants can choose to have a judge (in Provincial Court matters) or a Justice (in Court of Queen's bench matters) help them settle their law suit in a confidential pre-trial conference. The judge is free to choose a "facilitative" approach, emphasizing joint problem-solving and a very "hands on"mediation style or a more "evaluative" approach in which the judge forecasts what the outcome will probably be if the case proceeds to litigation. Judges who adopt an evaluative JDR approach assume that once one or both sides hear what the JDR judge has to say, they will get "realistic" and be more inclined to reach a settlement, often on their own......

 

 

Let me begin by saying that in my view, every judicial system ought to include JDR. At present, though, only a few countries like Canada, Australia, New Zealand and the Philippines are fully committed to the idea.

  

 

 Click Here for Complete Article   

 

 

Book Review and Recommendation

Advising and Representing Clients at Mediation (Wildy Practice Guide)

 

 

 




Advising and Representing Clients at Mediation

is intended as a resource for lawyers and other professionals who use mediation as a part of their settlement resolution practices. The book is well organized as it is a true practice guide, rather than the typical collection of "war stories" from practitioners.


Walker and Smith skillfully ( both are UK Solicitors and Accredited Mediators) walk the reader through every stage -- Overview, Mediator Selection, Preparation, Mediation Day, Negotiation Theory, and Settlement. There are very useful outlines and checklists that will be useful to new practitioners as well as seasoned veteran litigators who are dipping their toes into the ever more popular waters of mediation.

  

To Purchase "Advising and Representing Clients at Mediation": Click Here   

 
 
 Forgiveness in Legal Disputes
  -- Eileen Barker 
"Although the notion of forgiveness may seem far afield from the world of law, forgiveness is a powerful and important tool for conflict resolution. Litigants need legal solutions, but they also need peace, healing, and closure. Forgiveness provides a vehicle for achieving all of these." 



Eileen Barker 
The Case for Forgiveness in Legal Disputes, Pepperdine Dispute Resolution Law Journal Volume 13 (2013)

 

Click here for Document  

 

 
Association for Conflict Resolution most accessed articles in 2013  

As we reflect on the past year for the industry, we would like to provide the readers of the ACR Update a look at the most accessed articles from the year. 


 

 Click here for Articles 

In an effort to recognize the specialization in the ADR community, we are creating 3 separate newsletters broadly covering these areas:  Mediation - Arbitration - International ADR.  
 
A newsletter focused in one of those areas will be sent out bi-monthly.  In order for you to subscribe to as many types of newsletters that fit your particular practice/interests, please click on the Update Profile/Email Address link at the bottom of this email. From there you will be able to select which newsletters you wish to receive or if you would like to opt out all together.
 
Thank you for reading my newsletter, and as always, if you have any questions on any of the articles listed, do not hesitate to contact me.

 

Sincerely,

 


Thomas Valenti
Thomas P. Valenti, P.C.

300 N. LaSalle St., Suite 4925

Chicago, IL 60654-3406
T: 312-803-0472
F: 888-667-2485