Category Archives: Mediation

Integrating the ABA Futures Report and the Justice For All Components

Its finally here, the ABA Future of Legal Services Report. As expected, it covers a lot of ground, and is a lot to read. As an aid to speedy integration into other projects, I have prepared this table that compares … Continue reading

Posted in 100% Access Strategy and Campaign, ABA, Access to Counsel, Access to Justice Generally, Alternative Business Structures, Attorney-Client, Bar Associations, Court Fees and Costs, Court Management, Document Assembly, E-filing, Incnetives, Law Schools, Legal Aid, Legal Ethics, LEP, Mediation, Middle Income, Mixed Model, Non-Lawyer Practice, Outcome Measures, Plain Language, Planning, Referral Systems, Research and Evalation, Rules Reform, Self-Help Services, Simplification, Systematic Change, Technology, Transparency, Triage, Unbundling | 2 Comments

Lisa Foster’s ATJ Commissions Meeting Speech Focuses on Big Changes

Lisa Foster’s speech at the ATJ’s Commission focus not on the usual self-congratulation, but on the encourages big changes in focus and vision.  While I did not travel to Chicago for the Conference this year, just the text alone conveys … Continue reading

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Budget Issues, Chasm with Communities, Dept. of Justice, LAIR, Legal Aid, Litigant Voice, Media, Mediation, Medical System Comparision, Poverty, Reentry, Self-Help Services, Simplification, SRLN, Systematic Change, Technology, video, White House

The Begining of A Discussion of ADR and 100% Access to Justice

One of the many impacts of the Chief’s 100% resolution is that it is starting to stimulate discussion in many communities that are or should be part of the broad 100% solution. So it is great to hear that Resolution … Continue reading

Posted in Mediation, Mixed Model, Outcome Measures, Research and Evalation, Triage | 2 Comments

Canadian Group Offers Guide to Settlement for the Self-Represented

The Canadian Group, the National Self-Represented Litigants Project, has released a very interesting resource: Settlement Smarts for SRLs. It goes through the process step by step, very much from the self-represented litigant’s point of view.  All too often such documents … Continue reading

Posted in Mediation, Self-Help Services | 3 Comments

Mediation and the Self-Represented — Towards a New Paradigm

The mediation world seems to be starting seriously to engage the issue of self-represented litigants. Indeed, last week at the ABA Conference of the Section on Dispute Resolution, I was on a panel on the subject with Heather Scheiwe Kulp, … Continue reading

Posted in Judicial Ethics, Mediation, Supreme Court | 5 Comments

Interesting Post on South Africa Proposed Law on Traditional Courts

There is obviously substantial dispute about the concept of traditional courts, with advocates promoting their use of non-adversarial values, and opponents fearful that such an approach removes the key power of courts to protect the weak and vulnerable against the … Continue reading

Posted in Access to Justice Generally, Mediation | Tagged

On the Role of Mediators and Neutrals with the Self-Represented

A recent conversation made me realize how little attention we have paid to what happens to the self-represented in mediation and other environments that involve a supposed neutral.  After all, it is not at all unusual for states to mandate … Continue reading

Posted in Judicial Ethics, Mediation | 4 Comments