People often say that dispute resolution processes aren’t “one size fits all.” When practitioners are asked to opine about hypothetical problems, they often say “it depends” and they make “case by case” decisions. They are telling the truth. Lawyers make complex decisions as negotiators, litigation advocates, and mediators based on a lot of factors, so … Continue reading Teaching Students to Think Like Practitioners
When President Trump was in office, I wrote a series of posts about his negotiation skills (or lack thereof) based on contemporary news accounts. Despite having Republican majorities in both houses of Congress for his first two years in office, he generally was unable to negotiate for enactment of his policy objectives, most notably to … Continue reading A Tale of Two Negotiators
FOI Alyson Carrel (Northwestern) and LCSW Jasmine Atwell (Loyola ‘JD22) recently discussed Sharon Press and Ellen Deason’s new article, “Mediation: Embedded Assumptions of Whiteness?,” published in the Cardozo Journal of Conflict Resolution (and available on SSRN). Press and Deason’s article explores concepts from the book, Me and White Supremacy, as applied to the practice, process, … Continue reading A Conversation about Whiteness and Mediation
The ABA Section of Dispute Resolution published three books this year that you, your colleagues, and your students might be interested in. Mediating Legal Disputes: Effective Techniques to Resolve Cases, Second Edition, by Dwight Golann. Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision Making, Second Edition, by Jennifer K. Robbennolt and … Continue reading Three New ABA Books Hot Off the Press!
The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances. The report is a significant addition to existing debates in the UK about the permissibility … Continue reading New UK Report on Mandatory ADR
I forgot to include two things in my list of readings and resources you might want to think about as you plan for the coming academic year. The Theory-of-Change Book, which can be downloaded for free, contains 63 bite-size think pieces, averaging less than 4 pages each, written by 59 contributors in the following sections: … Continue reading Two More Things
As an annual tradition, this is a reminder of some of my favorite things you might use in your courses as you gear up for next academic year. Here’s a link to the latest and greatest version of the “resource share” compiled by Sharon Press and Noam Ebner. Here’s a post suggesting how you can … Continue reading Readings and Resources for Teaching
The majority opinion in the Breslin case led me to write my piece, Courts Should Make Mediation Good Samaritans Not Frankensteins, which led the CPR Mediation Committee to sponsor a program, Consequences of Not Participating in Court Ordered Mediation: What Is Fair? I was one of the speakers, along with Lauren A. Jones, ADR Coordinator … Continue reading Charting a Middle Course for Court-Connected Mediation
Please consider this call for symposium contributions from The Ohio State Journal on Dispute Resolution and colleagues at the Divided Community Project, Stanford, and HNMCP. UPDATE (July 16, 2021): UPDATE: Symposium collaborators have received interest from several potential contributors who do not have the privilege to develop symposium contributions in the course of their regular work. Thanks … Continue reading Call for proposals: Collaborative Efforts on Race and Racial Equity
Dear Colleagues, We hope you are enjoying your summer. The Straus Institute at Pepperdine Caruso School of Law is delighted to host the 14th Annual AALS Section on Dispute Resolution Works-in-Progress Scholarship Conference in Malibu, CA on October 8-9, 2021. As many of you know, the Works-in-Progress Conference convenes scholars and researchers at all levels … Continue reading 2021 Works in Progress Conference Dates Announced!
Toby Guerin (Maryland) recently won the Chief Judge Robert M. Bell Award for Outstanding Contribution to Alternative Dispute Resolution in Maryland, the Maryland State Bar ADR Section’s the highest honor. As many of you know, Judge Bell was a leader in the use of ADR in the Maryland judiciary, schools, government, and communities during his … Continue reading Guerin Receives Top ADR Award from the Maryland State Bar Association
Michael Lang and Peter Nicholson edited a book, Family Conflict During a Pandemic: Stories of Struggles and Hope. It is a collection of short contributions, including stories, essays, poetry and art work by 93 people from 17 countries including pieces in 9 languages. The pieces are organized in four sections: Authors explain how they and … Continue reading New Book on Family Conflict During a Pandemic