Category Archives: General

Why This ADR Professor Loves a New Anti-ADR Rule

Hint: The rule isn’t really anti-ADR, even though some ADR practitioners may see it that way. In fact, the rule represents a fantastic step forward for the idea that disputants ought to have considerable control over the process(es) by which their disputes are resolved. In this particular case, the state of Oregon has adopted a … Continue reading Why This ADR Professor Loves a New Anti-ADR Rule

“Did You Hear About The Settlement Where…?”

Professor Ben DePoorter recently published an article, “Law in the Shadow of Bargaining: The Feedback Effect of Civil Settlements”, 95 Cornell L. Rev. 957 (2010), (essay pdf here) exploring the implications of selective disclosure or selective availability of private settlements.  Its abstract: Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important … Continue reading “Did You Hear About The Settlement Where…?”

Call for Proposals – ABA Dispute Resolution Section Annual Meeting

The ABA’s Dispute Resolution Section has just issued its Call for Proposals for the Section’s annual meeting, which is scheduled for April 13-16, 2011 in Denver.  Below is a small excerpt. The ABA Section of Dispute Resolution invites you to propose a program for the 2011 Spring Conference.  The Section’s Spring Conference is the premiere national event for … Continue reading Call for Proposals – ABA Dispute Resolution Section Annual Meeting

Cybersettle and the Value of Online Dispute Resolution

For more than a decade, online dispute resolution has hovered above the legal and DR communities, posing both a threat to human DR professionals and the promise of radically more efficient dispute resolution systems. Cybersettle has been the tangible tip of the otherwise evanescent ODR spear—a success story of online dispute resolution playing a role … Continue reading Cybersettle and the Value of Online Dispute Resolution

Call for Papers – American Journal of Mediation

The American College of Civil Trial Mediators has issued a call for papers for its publication, the American Journal of Mediation.  Specifically the call states: The Editorial Board is accepting articles for publications from law professors and law students and others involved in conflict and dispute resolution.  Additional information, format requirements, and submission details can be … Continue reading Call for Papers – American Journal of Mediation

Mediators’ Duty of Care in Drafting Agreements

Earlier this morning the Standing Committee on Mediator Ethical Guidance released Opinion SODR 2010-1 entitled Mediators’ Duty of Care in Drafting Agreements.  A copy of the opinion in full can be accessed here.  Below are the specific query and subquestions the committee received.  Questions: A married couple with one minor child has decided that they would … Continue reading Mediators’ Duty of Care in Drafting Agreements