From friend of the blog, Alexandra Crampton, a notice that the Family Court Review is doing a special issue on Covid-19. Family Law Disruption and Response during the Covid-19 Pandemic: Viral Lessons for Research, Policy, and Practice Family law systems were already overwhelmed when the Covid-19 pandemic erupted. Through varied policy and public health responses, … Continue reading Family Court Review Call for Papers
From BFOI Kristen Blankley: The State of Nebraska adopted Standards of Practice for Restorative Justice Facilitators (“Nebraska RJ Standards”), which can be found here. Kristen Blankley (University of Nebraska) chaired the committee responsible for drafting the standards, and committee involved stakeholders from across the state, including Dan Bechtol (Executive Director, Concord Mediation Center), Monica Miles-Steffens … Continue reading Nebraska Adopts Standards of Practice for Restorative Justice Facilitators
I just became a guest writer for the Kluwer Mediation Blog, which features academics and practitioners from around the world. I want to cross-pollinate Indisputably and KMB by encouraging subscribers of each blog to subscribe to the other. I hope to stimulate conversations between our communities. My first KMB post is The Evolution To Planned … Continue reading Kluwer Mediation Blog Post on the Evolution of Mediation
Everyone knows that a bottom line in a lawsuit is an immutable “line in the sand” that is accurately reported to mediators and counterparts as the least that a plaintiff would accept or most that a defendant would pay. Not really. During the life cycle of a case, lawyers start with vague and tentative bottom … Continue reading What’s a Bottom Line?
(Via Peter Reilly, BFOI) This year’s winning paper for the ABA Section of Dispute Resolution’s James B. Boskey Law Student Essay Contest on Dispute Resolution is “Casting a Wide Net over Consent – Expansion of Estoppel Doctrines to International Arbitration Agreements, Non-Signatories, and Third Parties,” by Olivia Stitz (Sandra Day O’Connor College of Law, Arizona … Continue reading 2020 ABA Boskey Essay Competition winner
This week, there was another shooting of an unarmed Black man by police, this time in Kenosha, Wisconsin. So it’s very timely to read an article co-authored by MFOI Ava Abramowitz an article in Lawfare, Measurement Matters: The Key to Police Reform. The authors take a dispute system design approach to analyzing the problems, focusing … Continue reading Ava Abramowitz Article on Data Collection as Element in Strategy to Promote Good Police Performance
You may have been one of the people affected by the problems when Zoom was down for a few hours yesterday. Inc. magazine lauded Zoom’s apology, taking responsibility for the problems and promising to fix them, Zoom Just Failed Its Biggest Test. Its Apology Is an Extraordinary Example of Emotional Intelligence. After incidents of “zoombombing” … Continue reading Zoom Apologies
Every year I do my best to keep track of faculty moves and other notable changes to share them here at the beginning of the new academic year. Not surprisingly, this year there’s little movement of ADR faculty from school to school, but there is a lot of internal movement – hello Associate Deans. The … Continue reading Comings, Goings, and Other Milestones – 2020 edition (Updated)
Everyone loves BATNA. It has more than 16 million hits on Google. I have loved BATNA too. Of course, people should consider alternatives to a negotiated agreement when negotiating or mediating. Unfortunately, people have loved BATNA so much that it has become a cliché that is widely misunderstood, even by some dispute resolution experts. When … Continue reading BATNA May Be Less Important Than You Think – and Teach
My career has focused on helping disputants by analyzing and promoting helpful lawyering and other dispute resolution techniques. The ABA book, Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions, is the culmination of my scholarly career, combining Michaela’s and Heather’s excellent research on litigation risk assessment and my work on planned … Continue reading LIRA Book Tour
