I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence
As I just sent to our listserve as well, I am advising a committee for our state bar about the role of lawyer-mediators in drafting marital settlement agreements. The committee has already reached a consensus that it would like to permit mediators to draft mediation settlement agreements in family law cases. The key question for … Continue reading Lawyer Mediator Drafting of Agreements
SSRN subscribers will soon see a passel of my old articles scrolling across their screens and may wonder, “What the heck?” The heck is that, thanks to a new scanner, I was able to make nice pdf files of some articles I wrote before I started posting pieces on SSRN. With the benefit of hindsight, … Continue reading Oldies But Goodies
The Washington University School of Law Whitney R. Harris World Law Institute and Negotiation & Dispute Resolution Program (that’s a mouthful) is sponsoring a symposium on international dispute resolution on Friday, Feb. 6, from 8:30 am until noon. The symposium includes panels entitled “International Arbitration and the Cross-Border Deal” and “Mediating International Disputes – An … Continue reading International Dispute Resolution Symposium at Washington University
Does ADR include trials? I know, I know. This sounds like another one of my dumb questions. Although I have a pretty broad conception of DR, my initial reaction was that trial is one of the few procedures I would exclude from DR. As described below, on reflection, I probably would include trials. More importantly, … Continue reading What is (A)DR About?
My colleague, Professor S.I. Strong, recently conducted a large-scale empirical study on the use and perception of international commercial mediation and conciliation that appears to be the first of its kind. The information was gathered to assist the United Nations Commission on International Trade Law (UNCITRAL) as it considers a proposal from the Government of … Continue reading Strong UNCITRAL Study Cited by United Nations
In 1998, commenting on the hot controversy about the “Rand Report’s” finding that certain mediation programs did not save time or money (measured in terms of lawyers’ work hours), Professor Craig McEwen argued that it was the wrong question to ask whether “mediation works.” Critics of the Report had argued that its methodology led to … Continue reading Some Good Questions
“Oh Boy! A fight.” That’s often what I say in class when students vigorously disagree. I like these “fights” because they usually lead to helpful discussions that clarify differing views. So when Andrea wrote her post, Puffing Sucks, I thought, “Oh Boy! A fight.” She argues that puffing is “[l]ying, through and through,” and that … Continue reading Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule
My colleague, S. I. Strong, is conducting a survey and invites you to participate: I am writing to invite you to complete an anonymous electronic survey that will form part of a research project entitled “Perceptions and Use of International Commercial Mediation and Conciliation” that I am conducting in conjunction with the Center for … Continue reading Interested in International Commercial Mediation and Conciliation?
As I embark on this blog, it might be helpful to lay out my general perspective, which is probably similar to some of your views. This post (and probably some of my future posts) is different and longer than the norm, but hopefully you will find it worth your time to read. I came of … Continue reading Where I’m Coming From . . . and Want to See Us Go
