Ellen Deason to Deliver Moritz’s Schwartz Lecture on March 31!

Moritz’s own Ellen E. Deason will deliver the Ohio State University Moritz College of Law’s 2022 Schwartz Lecture on Dispute Resolution. Titled “Mediation: Questions Through the Lens of Equity”, Prof. Deason’s lecture will take place on March 31, 2022 in person in Moritz’s Saxbe auditorium AND on Zoom beginning at 12:10 EST. Register here: https://go.osu.edu/schwartz2022. … Continue reading Ellen Deason to Deliver Moritz’s Schwartz Lecture on March 31!

President Biden Signs into Law An Act Amending the FAA for Sexual Assault/Harassment Claims

Earlier this week, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, a bill passed by both the House and Senate last month amending the Federal Arbitration Act to ban the enforcement of pre-dispute arbitration clauses for disputes relating to sexual assault and sexual harassment. For a thorough discussion of … Continue reading President Biden Signs into Law An Act Amending the FAA for Sexual Assault/Harassment Claims

Congratulations to Hinshaw/Schneider/Cole on CPR Awards

I am delighted to announce that three of the Indisputably Bloggers, Art Hinshaw, Andrea Kupfer Schneider, and Sarah Rudolph Cole won the CPR’s Outstanding Book Award for their 2021 publication Discussions in Dispute Resolution: The Foundational Articles (Oxford Univ. Press). We at Indisputably (who did not win a CPR award this year!) are incredibly proud … Continue reading Congratulations to Hinshaw/Schneider/Cole on CPR Awards

How Do You Want to Improve Dispute Resolution?

The January 2022 issue of Dispute Resolution Magazine includes results of a survey of past contributors about the dispute resolution field.  One question asked about cases, statutes, regulations, or standards of practice that had the biggest impact on the field, and another question asked about changes in case law, statute, or rule they would like … Continue reading How Do You Want to Improve Dispute Resolution?

The Legal Profession, Judiciary, and Dispute Resolution

The January 2022 issue of Dispute Resolution Magazine reports results of a survey of past contributors conducted by Editorial Board co-chairs Andrea Schneider and Michael Moffitt. This post uses some of the survey responses to suggest that we recognize the legal profession and judiciary as part of the dispute resolution field. “Alternative” No More In … Continue reading The Legal Profession, Judiciary, and Dispute Resolution

Ukraine

Like many people, I have spent the last many days obsessively watching reports and reading about what is going on in Ukraine.  As many readers know, I spent years living in Eastern Europe, including two years living in Belarus, just north of Ukraine.  I have taken many trips there over the years. I did a … Continue reading Ukraine

Assessment of the Dispute Resolution Field

The January 2022 issue of Dispute Resolution Magazine contains a valuable assessment of the dispute resolution field based on a survey of past Magazine contributors.  Andrea Schneider and Michael Moffitt, co-chairs of the Editorial Board, asked them: what they valued about the ABA Section of Dispute Resolution what they wished they had known when they … Continue reading Assessment of the Dispute Resolution Field

The Hand of Oppression: Plea Bargaining Processes and the Coercion of Criminal Defendants

That’s the title of a thesis written by Supreme Court nominee Ketanji Brown Jackson when she was an undergraduate. A Washington Post profile, How Ketanji Brown Jackson Found a Path Between Confrontation And Compromise, said she was “a ‘child of the ’70s’ who overcame obstacles by finding middle ground.  … [She spent] her first year … Continue reading The Hand of Oppression: Plea Bargaining Processes and the Coercion of Criminal Defendants

How You Can Build a Mediation Model to Optimize Your Own Cases

That’s the title of a program I recently did for the Association of Northern [England] Mediators. I began by describing why formal mediation models, such as the facilitative and evaluative models, are incomplete and often misleading.  Mediators constantly must answer the question “What do I do now?”, and the formal models don’t help in most … Continue reading How You Can Build a Mediation Model to Optimize Your Own Cases