Category Archives: General

Ombuds Perspective on Whistleblowing Laws

October 19, 2011 Andrea Schneider 1 Comment

Last week, we had wonderful talk entitled Blowing the Whistle on Whistleblowing Laws. Attorney Charles L. (Chuck) Howard is one of the few attorneys in the U.S. with extensive expertise in the legal issues of ombudsmen. Howard has a national practice in representing organizational ombudsmen at universities, multinational corporations, and research institutions. His new book, entitled The Organizational … Continue reading Ombuds Perspective on Whistleblowing Laws →

Mnookin on Israel’s Deals with the Devil

October 19, 2011 Jen Reynolds 1 Comment

Bob Mnookin (Harvard) published this op-ed in this past Monday’s Wall Street Journal. The opening: It’s hard to think straight when negotiating with an adversary you claim is evil, and Israel proved it last week. The usual problem is a refusal to negotiate at all. Here the Israelis made what seems to be a crazy … Continue reading Mnookin on Israel’s Deals with the Devil →

Young on Teaching Ethics

October 17, 2011 Jen Reynolds

Paula Young (Appalachian) has published two papers on teaching ethics in law school. Her 2011 article, Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators, builds on her previous article, Teaching Professional Ethics to … Continue reading Young on Teaching Ethics →

Kuttner on the Wave/Particle Tension in Negotiation

October 17, 2011 Jen Reynolds 1 Comment

Ran Kuttner (Creighton) has posted The Wave/Particle Tension in Negotiation, forthcoming in the Harvard Negotiation Law Review. The abstract: Using the wave/particle duality, a central principle in quantum physics as a metaphor, this article describes two different modes of human interaction that a negotiator should be aware of when conducting her negotiations-within, i.e. her internal … Continue reading Kuttner on the Wave/Particle Tension in Negotiation →

Hoffman on Mediation and the Art of Shuttle Diplomacy

October 14, 2011 Jen Reynolds 1 Comment

David Hoffman (Boston Collaborative Group) has posted Mediation and the Art of Shuttle Diplomacy. The abstract: Mediation caucusing — that is, separate meetings conducted by the mediator with some, but not all, of the parties — is widely used, but it has become increasingly controversial, as some mediators advocate for a no-caucus form of mediation … Continue reading Hoffman on Mediation and the Art of Shuttle Diplomacy →

Posting new scholarship

October 14, 2011 Jen Reynolds

Do you have an article or recent research that you would like to share? Please share with indisputably! With the breadth of scholarship relevant to an interdisciplinary field like ADR, keeping track of what’s going on can be a challenge. Collecting scholarship in one place is an effective way to get articles in front of … Continue reading Posting new scholarship →

Conflict Resolution Day is Coming October 20

October 9, 2011 Jill Gross

The Chair of the Association for Conflict Resolution, Sharon Press, circulated this announcement on the AALS DR Listserv last week: October 20 (third Thursday in October) is Conflict Resolution Day (as organized by the Association for Conflict Resolution) and the week of October 17 – 23 in Mediation Week (as organized by the ABA … Continue reading Conflict Resolution Day is Coming October 20 →

ABA DR Section Awards – Nomination Reminder

October 3, 2011 art hinshaw

Just a reminder that nominations for the various awards to be handed out at the ABA Dispute Resolution Section meetings are due soon. The awards are the D’Alemberte-Raven Award, for outstanding service in dispute resolution, the Lawyer as Problem-Solver Award, which recognizes individuals and organizations that use problem solving skills to forge creative solutions, and the … Continue reading ABA DR Section Awards – Nomination Reminder →

Justice Kennedy says fewer “big civil cases” on Supreme Court’s docket due to arbitration

October 2, 2011 Jill Gross 2 Comments

In an article about the Supreme Court’s docket of cases pending for its new term, New York Times’ reporter Adam Liptak quotes Justice Anthony Kennedy on the reasons why the Court’s docket is more heavily oriented towards criminal and First Amendment cases. Speaking to reporters at a judicial conference in August, Justice Kennedy stated, “The … Continue reading Justice Kennedy says fewer “big civil cases” on Supreme Court’s docket due to arbitration →

What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute?

September 30, 2011 Sarah Cole 2 Comments

I just came across a case involving an ethics issue in mediation that I found interesting. Although the issue does not arise frequently, courts have considered whether a mediator can serve as a representative for one of the mediation parties in a subsequent dispute. The resolution often turns on the question whether the disputes are … Continue reading What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute? →