Kristen Blankley
  • Female
  • Lincoln, NE
  • United States
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Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion Mobile Mediation: Mediation as Close as Your Telephone
"Monica ~  That is a great point regarding confidentiality.  The confidentiality concern is one that has troubled me since the early discussions of online dispute resolution, and using telephone and videoconferencing in mediations.  At…"
Nov 8, 2013
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion Mobile Mediation: Mediation as Close as Your Telephone
"All of these great comments have made me think some more about the mediator's role in determining the type of process that will be most helpful in any given situation.  Mediators who do a thorough job of pre-mediation prep work with the…"
Nov 7, 2013
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion Mobile Mediation: Mediation as Close as Your Telephone
"More great comments!  Thanks to everyone for participating so far. The question about (in)formality is a great one for the mediator to consider.  I've always considered there to be something "magic" about F2F…"
Nov 6, 2013
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion Mobile Mediation: Mediation as Close as Your Telephone
"Thanks for the wonderful comments.  They are very thought-provoking. Bill ~  I had not previously considered the very real problems with GPS locators on mobile phones these days.  This type of safety concern should be considered when…"
Nov 5, 2013
Kristen Blankley posted a blog post

Nebraska Mediation Competition Looking for Judges

Nebraska Law College is hosting a regional competition of the ABA Section of Dispute Resolution Representation in Mediation Competition on March 9.  Nebraska Law is looking for attorneys, mediators, and others familiar with the mediation process to help judge the competition.  We are looking for judges in both the morning (8:00 - 12:30) session and the afternoon (1:15 - 5:00) session.  Breakfast/lunch is provided.  If interested, e-mail kblankley2@unl.edu.In the competition, law students play…See More
Feb 4, 2013
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion The ODR Record: Discovery, Privacy and Privilege
"Actually, the scenario envisions an in-person mediation that was only partially successful.  The mediator here engaged in online communications before and after the mediation, and the question here is the discoverability of the pre- and…"
Oct 28, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion The ODR Record: Discovery, Privacy and Privilege
"Thanks for all of the comments and questions about the key issue of when mediation ends.  The "end" of mediation is a complicated and amorphous concept.  I would argue that many mediations do not end at the end of the in-person…"
Oct 28, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion The ODR Record: Discovery, Privacy and Privilege
"Excellent point, Troy.  FRE 408 would seem to be applicable to the extent that we are talking about admitting evidence in court.  FRE 408 (as we will discuss in class) actually has very little weight given the wide range of…"
Oct 27, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion The ODR Record: Discovery, Privacy and Privilege
"Nice comments, Johann.  What if I told you that the underlying data used to make the PP was already discovered?   In other words, the only advantage that firm's client had in discovering the PP was trial strategy and not the…"
Oct 27, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion The ODR Record: Discovery, Privacy and Privilege
"Good thoughts, Garrett.  In the case that I'm referencing, my client wanted the PP presentation (quite obviously) in order to have the advantage of the trial-like presentation and trial strategy embodied in the PP.  The argument to…"
Oct 27, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion The ODR Record: Discovery, Privacy and Privilege
"Here is another example from my practice that might be of interest:   Imagine a situation in which parties attend a mediation session in person, and opposing counsel uses a PowerPoint presentation in the opening statement and throughout the…"
Oct 27, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion The ODR Record: Discovery, Privacy and Privilege
"Really great thoughts, all of you!  Here are a couple of comments, if I may:   1.  Yes, mediators can be subpoenaed.  Given the importance of confidentiality in mediation, courts are receptive to motions to quash by mediators…"
Oct 27, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion The ODR Record: Discovery, Privacy and Privilege
"Great question, Jillian.  For reference, here is the definition of "mediation communication" under the UMA:  " (2) “Mediation communication” means a statement, whether oral or in a record or verbal or…"
Oct 26, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion The ODR Record: Discovery, Privacy and Privilege
"Thanks for the comment, Andy.  What do you think about just "discovering" the information and not necessarily using it in trial?  In other words, trying to get the e-mail messages but then agreeing to not use those e-mail…"
Oct 26, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion Reputation, Justice & Fairness in Online Disputes
"My biggest concerns about creating legal standards are two-fold.  First, I have doubts that anyone could agree to such standards.  My second concern deals with the issue of barriers to entry and inadvertently (or perhaps purposefully)…"
Oct 25, 2011
Kristen Blankley replied to ADRhub.com - Creighton NCR's discussion Reputation, Justice & Fairness in Online Disputes
"I think that this post begs broader questions about mediator accountability and acceptable behavior in mediation.  Unfortunately, few rules exist anywhere regarding appropriate mediation behavior on the part of either the mediator or the party…"
Oct 25, 2011

Profile Information

What is your profession and title?
Assistant Professor
What is your ADR experience? (trainings and education)
I teach ADR courses at the University of Nebraska, College of Law.
What, if any, ADR organizations or groups do you belong to?
ABA Section of Dispute Resolution
Nebraska Mediation Association
What are you hoping to get from ADRhub.com
Networking and Collaboration opportunities.
What other ADR related sites do you visit?
ABA Section of Dispute Resolution

Kristen Blankley's Blog

Nebraska Mediation Competition Looking for Judges

Posted on February 4, 2013 at 4:29pm 0 Comments

Nebraska Law College is hosting a regional competition of the ABA Section of Dispute Resolution Representation in Mediation Competition on March 9.  Nebraska Law is looking for attorneys, mediators, and others familiar with the mediation process to help judge the competition.  We are looking for judges in both the morning (8:00 - 12:30) session and the afternoon (1:15 - 5:00) session.  Breakfast/lunch is provided.  If interested, e-mail kblankley2@unl.edu.

In the competition, law…

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