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Archie Zariski

Athabasca University

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Athabasca University

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RE: Mediation Practitioner Checklist

Posted By Archie Zariski 21-02-2024 12:50 PM
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Greg, agreed, understanding what makes a good mediator is a complex subject which I touch on in my paper "Standing on the Shoulders of Giants" (attached). There is artistry as well as knowledge, experience, empathy and wisdom - all of which makes us human. In the 1980s and 90s there was a wave of research ...

RE: Mediation Practitioner Checklist

Posted By Archie Zariski 21-02-2024 12:50 PM
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RE: Mediation Practitioner Checklist

Posted By Archie Zariski 20-02-2024 11:56 AM
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Greg, the law is beginning to catch up with the implications of AI but there is a long way to go. Here's an example from Canada: https://www.cbc.ca/news/canada/british-columbia/air-canada-chatbot-lawsuit-1.7116416 ------------------------------ Archie Zariski Professor, Legal Studies - Athabasca ...

RE: Mediation Practitioner Checklist

Posted By Archie Zariski 18-02-2024 07:27 PM
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Greg, all good thoughts and concerns. For AI as a mediator a good start might be smaller monetary disputes in which rather standard questions can be asked and information provided. The "facilitation" step in British Columbia's online Civil Resolution Tribunal might make a good a good pilot. See: ...

RE: Mediation Practitioner Checklist

Posted By Archie Zariski 15-02-2024 10:16 AM
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Greg, thanks for your thoughtful contribution. I have no doubt that the practice of mediation, like all human services, has elements of both "art" and "science". Checklists like these are intended to provide a foundation for the "magic" of sincere human interaction to flourish. They also contribute ...

Mediation Practitioner Checklist

Posted By Archie Zariski 13-02-2024 12:04 PM
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Professor John Lande, a leading American dispute resolution academic, has recently authored two useful papers on this topic. They are available at: Real Practice Systems Project Menu of Mediation Checklists Ssrn remove preview Real Practice Systems Project Menu of Mediation Checklists ...

RE: Daniel Kahneman's 'Biases'.

Posted By Archie Zariski 02-12-2022 03:17 AM
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Greg, thanks for this useful comment and explanation. It reminds me of another common phrase, "systemic discrimination", which could be better worded. I suspect that many people hearing these words interpret them as if they meant "systematic discrimination" which brings to mind active, intentional ...

RE: Recreating Mediation Practice and Theory Afresh - Saying Goodbye to Roscoe Pound and the Legal Profession.

Posted By Archie Zariski 20-05-2022 01:37 AM
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Greg, I certainly agree that legal systems can be dehumanising. This is something that the therapeutic jurisprudence movement (https://intltj.com/) seeks to address, and is one of the themes of the book The Responsive Judge (https://link.springer.com/book/10.1007/978-981-13-1023-2) which Tania Sourdin ...

RE: Recreating Mediation Practice and Theory Afresh - Saying Goodbye to Roscoe Pound and the Legal Profession.

Posted By Archie Zariski 19-05-2022 04:05 AM
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PS Another possible outcome of declining to reference law in mediation is that it may give more of an opening for a mediator to rely on their own view of fairness and equity in a conflict and to subtly (or not so subtly) advocate that to the parties in place of law. ------------------------------ Archie ...

RE: Recreating Mediation Practice and Theory Afresh - Saying Goodbye to Roscoe Pound and the Legal Profession.

Posted By Archie Zariski 19-05-2022 03:21 AM
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Greg, thanks very much for this thoughtful "provocation" to change the mediation paradigm. In my previous postings I should have acknowledged that mediation, if it is to be a profession, needs both theory and skillful practice - "science" and "art" and that mediators should experience both in their training. ...

RE: Is mediation a practice in search of a theory?

Posted By Archie Zariski 05-05-2022 11:05 AM
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Another copy of this paper is attached without security. I trust you all! ------------------------------ Archie Zariski Professor, Legal Studies - Athabasca University Canada Athabasca University Edmonton AB 17804330569 ------------------------------

RE: Is mediation a practice in search of a theory?

Posted By Archie Zariski 05-05-2022 11:04 AM
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RE: Is mediation a practice in search of a theory?

Posted By Archie Zariski 05-05-2022 10:58 AM
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I also wrote an unpublished paper, "Standing on the Shoulders of Giants: Artistry, Expertise and Professionalism in Mediation and the Role of Higher Education" (attached). In part it examines the place of theory in the work of some of the "mothers and fathers" of modern mediation. (I see that I secured ...

RE: Is mediation a practice in search of a theory?

Posted By Archie Zariski 05-05-2022 10:58 AM
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RE: Is mediation a practice in search of a theory?

Posted By Archie Zariski 05-05-2022 10:03 AM
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RE: Is mediation a practice in search of a theory?

Posted By Archie Zariski 05-05-2022 10:03 AM
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Anthony and all, I have long argued that mediation needs theory to back up its claim to be a profession. There is a lot of theory out there that could be applicable to the practice of mediation and I have surveyed it in an article - "A Theory Matrix for Mediators" Negotiation Journal, Vol 26 No 2 pp.203-235 ...

"Getting Uncaught"

Posted By Archie Zariski 26-07-2021 01:29 AM
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Here is a game from Canada's First Nations that is a good metaphor for entanglement in conflict and the way out through cooperation: Guy Quenneville on Twitter: "Leo Gamble then walked the youth through various traditional games using simple materials, including one game in which two people are entwined ...

Mediating COVID

Posted By Archie Zariski 19-07-2021 02:11 AM
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Here is an interesting story from Canada about the mediator's contribution to COVID tensions: Vaccine hesitancy can make for awkward talks - but honest conversation the best way forward, mediator says | CBC News CBC remove preview Vaccine hesitancy can make for awkward ...