I’ve been highlighting the academic winners of the CPR Awards with short summaries of the each award winner (past entries summary here and here  Today, it’s the winner of the Book Award, The Arbitration Conversation: Insights and Wisdom from Experts in the Field (ABA 2024) by Amy Schmitz (Ohio State).  Her summary is below along with some nice comments.  Congratulations Amy !

This Award means the world to me, as a long-time admirer of CPR and the work that they do in the field of dispute resolution! Moreover, this book is a love letter to the arbitration field, distilling key themes emanating from my over 120 interviews of top dispute resolution practitioners, scholars, and leaders that were part of The Arbitration Conversation podcast. Indeed, I am incredibly thankful to all who participated in the interviews and to Colin Rule for his collaboration with the podcast. As the book highlights, the interviews underscored the adaptability and problem-solving power of dispute resolution processes, as well as the innovative spirit driving the evolution of arbitration in the digital age.

Specifically, The Arbitration Conversation: Insights and Wisdom from Experts in the Field, builds from my prior Arbitration course book with Tom Stipanowich that won the same CPR Book Award in 2023. This new book distills the wisdom and insights gathered from my interviews with arbitration experts conducted as part of the webcast and podcast series born during the COVID-19 shutdown, when we were all scrambling to create interesting content to jazz up our online classes. With its conversational tone, this book aims to share the knowledge and experiences gleaned from interviews, intermixed with research from my background as an arbitration educator and practitioner, hopefully making it a good resource for arbitrators, students, legal practitioners, and anyone interested in the evolving landscape of dispute resolution.

Arbitration, a cornerstone of dispute resolution, has witnessed a profound transformation in recent years, impacting all sectors. Businesses have embraced arbitration for its privacy, speed, and the expertise it offers in resolving intricate disputes. This book underscores the significance of arbitration, especially in contexts where specialist arbitrators are needed, or business secrets must be safeguarded. It delves into the nuances of arbitration for international parties seeking neutral forums, underpinned by the New York Convention’s enforceable awards. It also notes the benefits and pitfalls of arbitration in more controversial areas like business-to-consumer and employment contracts. The book highlights the importance of arbitration as a versatile problem-solving tool that should be viewed in context of the many faces of arbitration. All arbitration is not the same. In fact, there are many different flavors of arbitration and an expert in one area may be lost with respect to other types of arbitration.

The Arbitration Conversation also sheds special light on technology and the emergence of online arbitration (what I have termed OArb in prior articles and books), catalyzed by the COVID-19 pandemic and advancements in technology. OArb leverages technology to streamline processes, sometimes offering parties a convenient and cost-effective alternative to in-person arbitration. The text explores OArb’s promise and pitfalls, including discussion of AI, blockchain, and the metaverse in arbitration. The book also includes an appendix of OArb protocols that have developed in recent years, as well as guidance for arbitrators and arbitration counsel navigating this technological shift, addressing concerns such as cybersecurity and uneven access to technology. The lessons learned from interviews with experts provide perspective, emphasizing the ever-changing nature of arbitration and the critical role of technology in shaping its future.

For educators and instructors in dispute resolution, the book also hopes to offer insights into engaging students in virtual learning environments, as well as the challenges and opportunities presented by online legal procedures. The book also can serve as a guide for educators using The Arbitration Conversationvideos and podcasts for class exercises. Accordingly, the book also includes an appendix with an index of the free videos and topics covered. My hope is that this book provides a peak behind the privacy curtain of arbitration.  

Again, I thank CPR and everyone who was interviewed for the project. Again, it was a gift to talk with so many practitioners and experts in dispute resolution, and to gather their wisdom! Moreover, I congratulate all those who won CPR Awards this year. I am humbled and honored to be among such an amazing crowd. I am also thankful for the field and dispute resolution colleagues near and far. We are very fortunate to work in such a supportive environment!