Category Archives: Dispute Systems Design

Procedural Justice in Judicial Settlement Conferences

ADR law prof favorites Nancy Welsh (Penn State), Donna Stienstra (Federal Judicial Center), and Bobbi McAdoo (Hamline) have recently put a most interesting book chapter, The Application of Procedural Justice Research to Judicial Actions and Techniques in Settlement Sessions, up on SSRN (available here).  The piece is a chapter in the recently released book The Multi-Tasking Judge: Comparative … Continue reading Procedural Justice in Judicial Settlement Conferences

FINRA Dispute Resolution Pilots Telephonic Mediation for Small Claims

FINRA Dispute Resolution announced yesterday that it will launch a pilot program to offer pro bono or reduced-fee telephonic mediation to parties whose dispute has a dollar value $50,000 or less. Kudos to FINRA for devising this low cost option to benefit investors of modest means whose claims are too small to make an arbitration … Continue reading FINRA Dispute Resolution Pilots Telephonic Mediation for Small Claims

Penn State hires Feinberg to mediate Sandusky sex abuse claims

According to this piece in the Philadelphia Inquirer, Kenneth Feinberg has been hired to mediate the civil claims against Penn State University as part of the Sandusky sexual predator scandal.   According to the article: “We are seeking to make sure we do the right thing in terms of providing a just outcome for the victims,” Penn State president Rodney … Continue reading Penn State hires Feinberg to mediate Sandusky sex abuse claims

To Brainstorm or Not To Brainstorm

Jonah Lehrer has an interesting piece in the New Yorker discussing research into brainstorming. His focus is mainly on creativity in research groups, but there are some lessons for brainstorming in dispute resolution contexts as well. For example, he describes research showing that the classic brainstorming advice–no criticism–is counterproductive. In fact, the evidence suggests that … Continue reading To Brainstorm or Not To Brainstorm