Mind the Gap: Bringing Technology to the Mediation Table
Discussions about technology in mediation are too often limited to mediations in the online context or as Online Dispute Resolution (ODR). In this project, I am working with Noam Ebner to write a paper for the 2018-2019 Journal of Dispute Resolution virtual symposium on ODR. We argue that defining all technology in mediation in this online context negatively impacts the field of mediation and stifles innovation. We describe the history of using technology in mediation, the impact of limiting that use to the online context, and the potential to more broadly embrace technology in offline mediations and utilize technology advances to enhance the parties’ experience.
The Delta Model for lawyer competency expands on the concept of the T-shaped lawyer and re-emphasizes a focus on personal effectiveness skills such as communication, emotional intelligence, leadership, and practical problem-solving. The team is embarking on a research study to test the impact of these skills on client satisfaction in the marketplace. In Fall 2018, I created a new more dynamic version of the model representing competencies for ALL legal professionals, including our allied professionals, at ANY stage in their career. For more information, check out: Dynamic Delta Model.
Created by Alyson Carrel, Natalie Runyon, Jordan Galvin, Jesse Bowman, and Shellie Reid.
Dismantling the Dichotomy
Dismantling the “Facilitative” “Evaluative” Dichotomy: Reflecting on Riskin’s Grid and Predicting the Future, Discussions in Dispute Resolution: The Formative Articles (Hinshaw, Schneider, and Cole, eds.) (Oxford Univ. Press, forthcoming 2020)(work in progress; available upon request)
In this piece, I reflect on the applied false dichotomy from Riskin’s Grid of mediator approaches. To understand the impact of this applied false dichotomy, I point to other formative articles featured in the book that criticize mediation because of unintended consequences for marginalized populations, and discuss technology advances that may bring new meaning to the variables, address these social justice critiques, and dismantle the false dichotomy altogether.
As Assistant Dean of Law & Technology Initiatives, I support our instructional technology efforts as well as more substantive legal technology initiatives. TEaCH LAW was an ongoing series of instructional technology events at Northwestern Pritzker School of Law. TEaCH LAW began as a full day experiential conference for Northwestern Law faculty that grew into a regular live demonstration series and resource hub.
ADR as First Career
In 2014, I started a video blog celebrating over 50 other individuals who chose to pursue a career in ADR within three years of graduation. This is my ADR as 1st Career story. You can watch other stories here: ADRas1stCareer. This blog was the subject of an article in Dispute Resolution Magazine and is often cited by others as the leading resource for young professionals just starting out in ADR. This blog has over 65,000 views.
With a grant from the Northwestern Provost’s Faculty Digital Learning Fellowship, I purchased wearable cameras to capture 1st person perspective of negotiation simulations. Most ADR faculty incorporate video recorded simulations to provide students an opportunity to reflect on skills behaviors and tactics. With wearable cameras, we are able to shift that footage from the third person observer perspective to a first person perspective. This first person perspective provides a closer look at nuanced body language and more accurately reflects the negotiation experience. This project was featured at AALS Annual in 2017.