This year, I wrote a lot of blog posts and short SSRN articles about the Real Practice Systems (RPS) Project, particularly about attorneys’ real practice systems and legal education.  So I updated collections of these materials to make it easier to find things of interest.

This blog post provides a concise summary of RPS theory and links to key publications about mediators’ and attorneys’ systems as well as how to incorporate these insights in legal education.

For a more complete collection, check out the annotated bibliography.

I recently posted a short article, How Can You Turn Adversarial Attorneys into Quasi-Mediators?, which is my latest Theory Meets Practice column in CPR’s Alternatives magazine.  Attorneys acting as quasi-mediators help their clients realistically understand the other side’s perspectives, enlist mediators’ help, and encourage the other side to adjust their positions.

Attorneys who act as quasi-mediators use mediation techniques but they aren’t neutral or subject to rules governing mediators.  They tailor their techniques to their clients’ preferences and the other side’s approach.  If the other side is acting badly and taking unreasonable positions, these attorneys vigorously advocate their clients’ interests.  But whenever appropriate, they look for opportunities to reach reasonable agreements.

The article includes appendixes with lists dos and don’ts for attorneys to act as quasi-mediators and topics that mediators can discuss with attorneys to promote cooperation.

This two-page summary includes the material in the appendixes, which is a handy resource for courses and trainings.

Take a look.