The following is a small selection of materials that you may find useful in connection with collaborative law and the field of dispute resolution. Each of these items is available for downloading or purchase from BLC.
Richard Wolman, Thinking with Your Soul: Spiritual Intelligence and Why It Matters (Random House 2001)
Daniel Bowling and David Hoffman, editors, Bringing Peace into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution (Jossey-Bass 2003)
David Hoffman and David Matz, Massachusetts Alternative Dispute Resolution (Butterworth Legal Publishers 1994) (we have copies of this book available on CD-ROM – contact us for details.)
"Mediation," an excerpt from David Hoffman and David Matz, Massachusetts Alternative Dispute Resolution (1994). (This is chapter eight – it describes mediation and provides advice for both mediators and advocates about techniques for making the best use of mediation.)
"Arbitration," an excerpt from David Hoffman and David Matz, Massachusetts Alternative Dispute Resolution (1994). (This is chapter ten – it describes arbitration, discusses the laws regulating arbitration, and provides advice for advocates about making the best use of arbitration.)
BLC member David Hoffman and Of Counsel attorney Vicki Shemin, The Uniform Mediation Act: Upgrading Confidentiality in Mediation, reprinted with permission from the Massachusetts Lawyers Weekly (July 18, 2005)
Dr. Richard Wolman and David Hoffman, " Multidisciplinary Practice: Three-Dimensional Client Service" reprinted from Massachusetts Psychological Association's publication, MassPsych, Summer, 2004. (This article discusses a model of a multidisciplinary practice that provides clients with professional advice from legal, psychological, and financial perspectives, while at the same time complying with ethical rules that limit the types of business relationships that lawyers can have with other professionals.)
Perlmutter, "Cooperative Versus Competitive Strategies: Rewriting The Unwritten Rules Of Procedure." (This article describes an approach to litigation that is similar to collaborative law – i.e., the lawyers view their job as helping the clients achieve a fair outcome.)
Douglas C. Reynolds and Doris F. Tennant, "Collaborative Law – An Emerging Practice." (This article discusses the paradigm shift involved in collaborative law and describes a novel exercise that can be used in collaborative law trainings to illustrate that shift.)
David Hoffman and Rita Pollak, "Collaborative Law Looks to Avoid Litigation." (This article describes collaborative law, including advantages and disadvantages, and discusses some of the ethical issues that lawyers need to consider when they use collaborative law.)
David Hoffman, "A Primer on Successful Negotiation" (2003). (This article describes some of the evolution in lawyers' views about negotiation from a competitive, cut-throat activity to a more interest-based, win-win approach, and suggests techniques for effective negotiation.)
Videotapes
Watching simulations of a mediation is no substitute for watching the real thing. BLC occasionally permits mediators and mediators-in-training to observe our mediations if (a) the parties agree to such an observation, and (b) the observer signs the same confidentiality agreement that the parties and mediator sign.
The following videotapes may also be useful:
"Mediators at Work" - mediation of a product liability case. (This simulation, with David Hoffman as mediator, was filmed by the Program on Negotiation at Harvard Law School. Click here for a copy.
Mediation of a disabilities discrimination case. (This simulation was filmed at Hill & Barlow in 1996 and can be ordered from BLC.) Contact us for a copy.
Helping people resolve conflict in family, business, and employment disputes.
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