That’s the title of a program I recently did for the Association of Northern [England] Mediators. I began by describing why formal mediation models, such as the facilitative and evaluative models, are incomplete and often misleading. Mediators constantly must answer the question “What do I do now?”, and the formal models don’t help in most … Continue reading How You Can Build a Mediation Model to Optimize Your Own Cases
From Richard Lord: The American College of Civil Trial Mediators announces its 2022 American Journal of Mediation National Dispute Resolution Writing Competition. There is a $5,000 first prize and a $2,000 second prize. Subject matter focus for entries can embrace the full range of the alternative dispute resolution field – consensus-based dispute resolution (e.g., negotiation, … Continue reading ACCTM National Dispute Resolution Writing Competition – June 15 Deadline
From Harrie Samaras: Registration is open for the ABA Section of Dispute Resolution’s 15th Arbitration Training Institute & Arbitration Practice Development Program. This in-person program is scheduled for June 1 – 3, 2022 at the Loyola University Chicago School of Law. As in previous years, the program features plenary sessions of seasoned arbitrators and advocates … Continue reading ABA Arbitration Training Institute on June 1-3
The Undoing Project: A Friendship That Changed Our Minds, by Michael Lewis, tells the story of how Israeli psychologists Daniel Kahneman and Amos Tversky came together – and fell apart – in their research that radically advanced our knowledge of how people’s minds work. This is another post in my What-I’m-Reading series. Kahneman and Tversky’s … Continue reading Following the Science of Heuristics and Biases – and a Tragic Love Story
From BFOI Brian Farkas (Cardozo): Some breaking news tonight from the House of Representatives: H.R. 4445 has just passed, a bill that would amend the FAA to prohibit the mandatory arbitration of sexual harassment and assault claims: Here’s the bill: https://www.congress.gov/bill/117th-congress/house-bill/4445 And some description: https://thehill.com/homenews/house/593206-house-passes-bill-to-end-forced-arbitration-in-sexual-misconduct-cases It appears this will be heading towards passage in the Senate shortly … Continue reading House Passes Bill to End Mandatory Arbitration of Sexual Harassment And Assault Claims
We, at Indisputably, recently received the following unsolicited email: The United States Library of Congress has selected your website for inclusion in the historic collection of Internet materials related to the Legal Blawgs Web Archive. We consider your website to be an important part of this collection and the historical record. The Library of Congress … Continue reading Indisputably in the Library of Congress
There have been many conversations of late about the future of our field, including about how to diversify our constituents and help new practitioners transition into an ADR career. I am excited to be participating in a program on this subject tomorrow, Feb. 2, 2022, at 1 p.m. ET. For those interested, a description of … Continue reading ABA Program on Developing ADR Practitioners and Leaders
Amy Cohen (Temple/UNSW) is publishing “The Rise and Fall and Rise Again of Informal Justice and the Death of ADR” in the Connecticut Law Review, available on SSRN. The abstract: Today, the field of alternative dispute resolution (ADR) is often conceptualized and taught as an apolitical, institutional practice designed to enhance the effective and efficient … Continue reading Cohen on the Death of ADR
From our wonderful FOI Brian Farkas (Cardozo): U.S. Supreme Court appointments are back in the headlines, making this a perfect week for the Cardozo Law Review to publish its special Appointments Issue on the transition from Justice Ruth Bader Ginsburg to Justice Amy Coney Barrett. The full issue is available here. Articles include perspectives on … Continue reading Farkas on the Transition from Ginsburg to Barrett
This post is prompted by an article by Washington Post columnist Paul Waldman, We’re Still Asking the Wrong Question about Biden and Ukraine. He writes: For once, can we confront a foreign policy challenge without obsession over whether the president is being “weak” or “strong”? … In any foreign policy challenge, understanding what goes into … Continue reading Which is Better: To Be Strong or Smart?
