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Cardozo Journal of Conflict Resolution

Abstract

During my 48-year career as both a professor and program director in Conflict Resolution programs at various universities and the head of a modest organizational consulting firm, I have participated as a student and instructor in many mediation and other related Alternative Dispute Resolution classes and training. Alternative Dispute Resolution, often referred to as ADR, can be thought of as any means of dispute settlement outside of a courtroom. Various well-known methods of ADR include negotiation, conciliation, facilitation, mediation, and arbitration. I usually think the training and classes I have attended are of high quality, both in content and delivery. Nevertheless, I am often concerned that participants might leave the class or workshop believing that if they understand the stages and the necessary techniques and follow the process of mediation or other ADR interventions, they will be effective in their role. Furthermore, instructors and workshop leaders can observe participants practicing the "tools of the trade." Given much of the feedback to participants is likely to be positive, I suspect many participants exit the class or workshop, thinking, "if I can memorize the stages, the specific steps, and practice the techniques, I can do this and be successful!"

Keywords

Environmental Law, Dispute Resolution, Legal Education, Research

Disciplines

Dispute Resolution and Arbitration | Environmental Law | Law | Legal Education

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