While non-administered or “ad hoc” arbitration is relatively common in the United States, China is just beginning to explore its use. This post explores the issues related to ad hoc arbitration in China. Ad Hoc Arbitration in ChinaWen DaiWhat happens when a legal system built almost entirely around arbitration institutions decides to let some parties … Continue reading Ad Hoc Arbitration in China
Another post in our series on arbitration evolution in China. This post explores the question of how far should a system move toward internationally familiar arbitration norms while retaining domestic institutional choices? China’s New Arbitration LawSong Lianbin and Huang Yi China’s first comprehensive rewrite of its Arbitration Law in thirty years changes more than technical … Continue reading Arbitration in China – How Distinct Should It Be From Existing Norms
A bit of exciting news from Santa Clara Law: our conflict resolution program is becoming the Daley Center for Conflict Resolution, thanks to a $5 million gift from alumna Dorian Daley that will endow the Center. For those of us who have been building the program since its founding in 2017, this is an especially … Continue reading Exciting News from Santa Clara Law Dispute Resolution Program
On Wednesday December 3 between 12:30 and 2 EST, my colleague Bill Froehlich (OSU), Heidi Burgess (Beyond Intractability), and Grande Lum (Stanford) will facilitate a webinar discussing the launch of a new Civil Rights Mediation Oral History Project website. Heidi and Dick Salem collected twenty oral histories from CRS mediators about 25 years ago – … Continue reading Civil Rights Mediation Oral History Launch
On October 15, 2025, the ABA issued formal opinion 518, entitled, “A Lawyer’s Duties to Avoid Misleading Communications When Acting as a Third-Party Neutral Mediator” https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-518.pdf In this opinion, the the ABA states that in the role of mediator, lawyers cannot engage in deception about the parties’ bottom lines – or about anything else. The … Continue reading ABA Issues Formal Opinion – A Lawyer-Mediator Must Avoid Misleading Communications When Acting as a Neutral
From friend of Indisputably, Grande Lum: The ABA Dispute Resolution Section Task Force today announces the launch of the Clearinghouse on Constructive and Civil Discourse. https://law.stanford.edu/clearinghouse-on-constructive-and-civil-discourse/ The legal profession and law schools are increasingly recognizing their responsibility to equip lawyers and law students with an understanding of the vital connection between discourse approach, learning, engagement, … Continue reading Clearinghouse on Constructive and Civil Discourse
The Divided Community Project’s new fourth edition of Leading a Divided Campus: Ideas and Illustrations (4th ed) offers ideas for supporting students during conflict. Feel free to forward the link, go.osu.edu/dcpcampus4, to those you know in your university’s counsel, student affairs, ombuds, and security offices. DCP’s Speaking Out to Strengthen the Guardrails of Democracy (2023) … Continue reading Divided Community Project Publications – helping students in a time of conflict
FOI, Professor Stacie Strong will be publishing her groundbreaking article on Artificial Intelligence and Arbitration in an upcoming issue of the Ohio State Journal on Dispute Resolution. Here is the abstract and the link to download: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5239069 Artificial Intelligence in Civil Justice Systems: An Empirical and Interdisciplinary Analysis and Proposal for Moving Forward (May 02, … Continue reading Stacie Strong on Artificial Intelligence and Arbitration in Ohio State’s Journal on Dispute Resolution
I’m so pleased to post about our outstanding scholars and practitioners who won this year’s Section on Dispute Resolution Awards. I’m especially happy and proud this year as Grande was the first Director of Moritz’s Divided Community Project and Amy is my amazing, talented, and extremely hard-working colleague. Looking forward to the celebrations at the … Continue reading Congratulations to the ABA Section on Dispute Resolution 2025 Award Winners
I am sad to see that FMCS had to cancel its annual symposium: The 43rd FMCS Arbitration SymposiumHas Been Canceled.________________________________________Due to recent executive orders impacting our services, FMCS regrets to inform you that this event has been canceled.
