The AALS Section on Alternative Dispute Resolution is delighted to announce the winner of this year’s (inaugural) award for best scholarly article published in print or online in the previous year in the field of ADR. The Committee received a tremendous number of nominations of extremely high-quality articles, making the decision very difficult. The Section’s 2018 … Continue reading Winner of AALS ADR Section Best Article of 2017 Award
I am in Washington, DC at the annual ABA Section of Dispute Resolution Spring Conference enjoying the cherry blossoms and the fabulous line-up of speakers and presentations. In particular, the plenary sessions yesterday and today were extraordinary, both in their timeliness of topic and thought-provoking quality. Yesterday, the NY Times’ columnist Thomas Friedman received the … Continue reading The Lost Art of Listening, with a nod to Senator Kaine
An interesting blog post from CBI (Consensus Building Institute) about joint fact finding processes in science-heavy public policy contexts. Per Pat Field: The traditional ways of generating information in stovepipes – via the academy, industry, government, or NGOs – are not meeting the three-pronged test of useable science and technical studies: credible, legitimate, and salient. … Continue reading Joint Fact Finding
I am thrilled to be part of the highly anticipated second edition of The Negotiator’s Desk Reference, recently published by Mitchell Hamline’s DRI Press. The NDR comprises two volumes and brings together articles from numerous scholars (including our bloggers!) across a wide variety of disciplines. Five years ago, I attended a conference at Marquette to … Continue reading Comes Now NDR v.2
The following notice about our upcoming conference at Texas A&M is from my wonderful colleague, and FOI, Nancy Welsh: Dear Colleagues, On Friday, April 13, 2018, Texas A&M University School of Law will hold a conference entitled Natural Disasters, Stakeholder Engagement and Dispute Resolution. The conference will address how dispute resolution and collaborative processes can … Continue reading Natural Disasters, Stakeholder Engagement and Dispute Resolution
“[I]f . . . I act for the Big Bad Wolf against Little Red Riding Hood and I don’t want this dispute resolved, I want to tie it up as long as I possibly can, and mandatory mediation is custom made. I can waste more time, I can string it along, I can make sure … Continue reading A Good Bad-Faith Policy?
Earlier this month, it was announced that Guhan Subramanian will succeed Bob Mnookin as chair of the Program on Negotiation at Harvard Law School. This is excellent news. More here, including these words from HLS Dean Manning: “Harvard Law School and the entire negotiation community are fortunate indeed to see this torch passed from one … Continue reading Changes at PON
We all know about situations when people say that they really like the idea of ADR, but it’s not appropriate in their particular case. Sometimes there are very good reasons not to use an ADR process. Other times, not so much. There may be similarities in some people’s reaction to the idea of using a … Continue reading Stone Soup: It’s a Great Idea But . . .
I recently became aware that, through its budget process, New York State legislators are seeking to amend New York’s arbitration law (contained in its Civil Practice Law and Rules) to, among other things, require that all arbitrators be neutral (i.e. no party arbitrators); require certain disclosures by arbitrators relevant to possible bias; permit vacatur based … Continue reading New York State Proposes Amending its Arbitration Law
For those of you who don’t follow the lawprof listserv, Ben Davis (Toledo) had an interesting link to an article describing the use of arbitration clauses in summer associate employment contracts. In response to that message, Brian Farkas, one of Cardozo’s super adjuncts, had this response that I thought would be enlightening for our broader … Continue reading Arbitration Clauses in Summer Associate Contracts for Employment
