Kristen Blankley (Nebraska) recently published “The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses” in the Creighton Law Review, available here. The abstract:

The audience for the topic of dispute resolution usually consists of neutrals and litigation professionals. This Article, by contrast, is written for the transactional attorney. Transactional attorneys have an important role in dispute resolution, notably by creating processes to resolve future disputes based on the interests of the parties. This Article discusses the ethical and practical issues that arise when drafting pre-dispute agreements for negotiation, mediation, arbitration, and hybrid processes.