DRC Resources

Teaching and learning workshop for coaches at mediation courses

John Wade — Tue, 22 May 2012 19:03:23 PDT

Extract:
The aim of this workshop is to provide a framework for a short teaching and learning course for people who are coaches in dispute resolution courses, especially mediation courses. The models used in this paper are based on theories and practices used at the former CDR Associates in Boulder Colorado, and at Bond University in Queensland, Australia, for the past 30 years. These, of course, walk in the footsteps of various ancient and modern educational theories and practices. Similar models can be used at any course involving “skills” teaching and learning.

Mediator skills and techniques: Triangle of influence

Laurence Boulle et al. — Mon, 13 Jun 2011 23:25:25 PDT

Mediator skills and techniques: Triangle of influence is a clear, practical and essential guide covering the skills, techniques and strategies required in mediation. It is a resource for both beginner and experienced mediators. It also provides insights and resources for lawyers representing clients in mediation, other participants in mediation and those involved in the practice of dispute resolution.

Preparing for mediation and negotiation in succession disputes

John Wade — Wed, 28 Jul 2010 16:26:22 PDT

This paper argues that a major task for lawyers in succession disputes, negotiations and mediations is to assist clients make wise decisions in the face of uncertainty. This requires preparation. A short preparation model of five humble hypotheses is set out. Normally, these should be discussed with any mediator well before a mediation takes place. Example precedent preparation forms are attached.

Matching disputes and responses: How to diagnose causes of conflict, and to respond with appropriate interventions and/or referrals

John Wade — Wed, 28 Jul 2010 16:14:07 PDT

This short paper will address three broad topics from an Australian perspective. Parts of this paper will be relevant to Canada and to other countries. First, where is the pressure coming from for dispute resolution professionals to improve the diagnosis of causes of conflict; and to improve the choice of intervention and/or referral to other skilled helpers?

Secondly, what diagnostic dispute resolution services (problem defining) are currently “available”? What methods are used to make an initial diagnosis of causes of a conflict, and appropriate possible “interventions”?

Thirdly, what dispute resolution assistance (problem solving) is “available” in each area of conflict? ( workplace, banking, personal injury, family, school, political, construction, insurance etc) What factors affect “availability”?

What do clients of mediators "want"?

John Wade — Mon, 19 Apr 2010 17:58:16 PDT

Extract:

This title reflects a familiar marketing and ethical question for all service providers – what do clients of plumbers/doctors/psychologists/builders/lawyers etc want?
Predictably, the answers given by anecdote, “theory” and more systematic research are complicated and conflicting. There is a simple answer to every complex question, and it is wrong.
There are three elements in the question – what do the (1) clients of (2) mediators (3) want?

Mediation workshop: Basic course materials

Laurence Boulle et al. — Wed, 03 Mar 2010 15:18:27 PST

Tools from a Mediator’s tool-box; Reflections on Matrimonial Property Disputes

John Wade — Wed, 06 Jun 2007 16:47:17 PDT

This article comments upon eight practices used in matrimonial property mediations or negotiation conferences. These are: (1) Requiring written ranges of outcomes to be specified before a meeting occurs; (2) Systematically enlisting the aid of lawyers and valuers by a series of diagnostic questions; (3) Distinguishing primary and secondary causes of conflict; (4) The one day model of mediation meeting; (5) Using a visual aid to identify the possible benefits of early or late settlements; (6) Standardising issues on a whiteboard; (7) The use of conditional linked bargaining; (8) The common scenario of parties stonewalling at alternative ends of the range.

Representing Clients Effectively in Negotiation, Conciliation and Mediation

John Wade — Wed, 06 Jun 2007 16:47:16 PDT

This paper argues that a major task for lawyers in family disputes, negotiations, conciliation and mediation, is to assist clients make wise decisions in the face of uncertainty. A short preparation model of five humble hypotheses is set out. This model is then applied to a fact scenario as an illustration. Example precedent forms are attached.

Systematic Risk Analysis for Negotiators and Litigators: How to Help Clients Make Better Decisions

John Wade — Wed, 06 Jun 2007 16:47:15 PDT

This article will set out: • What is a written risk analysis • Reasons why such a document is essential for any negotiator, or for any disputant who is considering ending negotiations, or undertaking “litigotiation” • Reasons why such documents currently appear to be uncommon in many legal cultures • Examples of the use of risk analysis prior to negotiation and mediation • Precedent forms to assist a client or lawyer to prepare a risk analysis

Strategic Language Used by Mediators (and Negotiators)

John Wade — Wed, 06 Jun 2007 16:47:14 PDT

This paper summarises ‘types’ or categories of linguistic interventions used by mediators (and negotiators). Then a chart of illustrations of these types of interventions is set out, from which mediators and negotiators can select for their toolboxes. Finally, empty charts are set out with a challenge to watch a mediation or negotiation and indicate which types of interventions are used.