Originally from Alternatives to the High Cost of Litigation

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New York: April’s issue featured a menu of checklists from John Lande, explaining they were suggested by Gary Doernhoefer and incorporated into Doernhoefer’s ADR Notable software. [John Lande, “The Real Practice Systems Project: A Menu of Mediation Checklists,” 42 Alternatives 53 (April 2024).] The article says the checklists are designed to help mediators develop routines and they should tailor the checklists based on their values, practice philosophies, and characteristics of their cases and clients.

I’m writing to suggest that all mediators remove the checklist item “Assess potential problems with participants’ ability to participate effectively due to factors such as domestic violence, intimidation, or disabilities” which was listed on the “Compliance with Ethical Requirements” checklist on page 63 of the Alternatives April issue.