I’ve been meaning for some time to highlight ADR articles that are published in mainline law reviews where blog readers might not see them as easily as they otherwise might. So here’s the first go around, and this will probably be more monthly than article by article. Bradford, C. Steven. Online arbitration as a remedy … Continue reading Recent ADR Scholarship in non-ADR Law Reviews
Delighted to be interviewed yesterday by the Washington Post and quoted today (at the end of the story) about his foreign policy. As I note, Trump only appears to have a hammer and assumes that even with repeat players, he will be able to bully his way through foreign policy. I (and many others) opine … Continue reading Trump’s Only Negotiation Tool
What was the best moment of your life, when it comes to ADR? I just read this collection in the Guardian of the best moment of people’s lives and felt inspired to think about happy times. For me, one of the best ADR moments of my life happened when I was mediating a business dispute. … Continue reading The Best Moment of Your (ADR) Life
You are going to die. Before then, you may endure extended periods of suffering from illnesses and injuries (especially from falling down), grisly side effects from medical treatments, chronic physical and mental deterioration, disconnection from your earlier life, loss of control, family conflict, and entanglement with the medical and insurance industries. Some of that misery … Continue reading Helping People Make Hard Decisions – And Making Them Ourselves
Recently, Rishi Batra, Heather Heavin, Michaela Keet, and I presented a program on negotiation theory at the Southeast Conference on Conflict Management at Lipscomb University. We focused primarily on litigation interest and risk assessment (LIRA). This is the subject of a forthcoming ABA book that Michaela, Heather, and I are writing, based in large part … Continue reading Litigation Interest and Risk Assessment
From FOI Tracy Blanchard: The Harvard Negotiation and Mediation Clinical Program recently launched Thanks for Listening, a podcast that strives to bridge the political divide through dialogue. You can listen to the episode here. From the description: What would happen if people learned to flex their “dialogue muscles” at a very young age? What if, … Continue reading Thanks for Listening, episode 2
Don’t you hate it when you want to go to two or three conference programs scheduled at the same time? Or if you miss a great program because you can’t go to the conference at all? Or, after you get home from a conference, you can’t remember some great insights you had there? The ABA … Continue reading Young Scholars Reports on ABA Conference Programs
Lara Fowler (Penn State) sent the following announcement: The Environmental Dispute Resolution (EDR) Program is hiring a Mediator who will be responsible for supporting existing program activities and developing new projects. We seek someone with significant experience in conflict resolution and consensus building, as well as expertise in training and capacity building. Ideally, the new … Continue reading Job Announcements for Two Dispute Resolution Positions
We want you to remind about an important and highly interactive international dispute resolution conference taking place on June 18-19, 2019 in Malibu, California. The conference is entitled “Appreciating Our Legacy and Engaging the Future.” It is particularly designed for dispute resolution practitioners, faculty, and leaders to address current issues and to learn from each … Continue reading Appreciating Our Legacy and Engaging the Future – Pepperdine School of Law, June 18 and 19
Amy Cohen (Ohio State), a talented polymath, shared with us the following discussion, first appearing on the Law and Political Economy blog, about how restorative justice is being adopted by penal system reformers on both sides of the political divide. She was kind enough to send it our way for cross-posting. Today, groups of left … Continue reading Cohen on Restorative Justice and Moral Neoliberalism
Canadian mediator Rick Weiler wrote a post on the Kluwer Mediation Blog raising concerns about whether predominant model of commercial mediation using a single three- or six-hour session promotes good decision-making by litigants. He wrote: The current commercial mediation model handed down over the past 30 years is working just fine for lawyers and … Continue reading Planning for Good Quality Decision-Making in Mediation Using PETSM
One of the my professional service activities is to be a member of the Committee on Mediator Ethical Guidance, which issues advisory opinions on mediation ethics issues using the Model Standards of Conduct for Mediators. The Committee always seeks queries on ethical matters, but with the problems surrounding the ABA’s new web site a formal … Continue reading Committee on Mediator Ethical Guidance seeks queries