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
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
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
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
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
From Richard Lord: The American College of Civil Trial Mediators announces its 2022 American Journal of Mediation National Dispute Resolution Writing Competition. There is a $5,000 first prize and a $2,000 second prize. Subject matter focus for entries can embrace the full range of the alternative dispute resolution field – consensus-based dispute resolution (e.g., negotiation, … Continue reading ACCTM National Dispute Resolution Writing Competition – June 15 Deadline
From Harrie Samaras: Registration is open for the ABA Section of Dispute Resolution’s 15th Arbitration Training Institute & Arbitration Practice Development Program. This in-person program is scheduled for June 1 – 3, 2022 at the Loyola University Chicago School of Law. As in previous years, the program features plenary sessions of seasoned arbitrators and advocates … Continue reading ABA Arbitration Training Institute on June 1-3
The Undoing Project: A Friendship That Changed Our Minds, by Michael Lewis, tells the story of how Israeli psychologists Daniel Kahneman and Amos Tversky came together – and fell apart – in their research that radically advanced our knowledge of how people’s minds work. This is another post in my What-I’m-Reading series. Kahneman and Tversky’s … Continue reading Following the Science of Heuristics and Biases – and a Tragic Love Story
From BFOI Brian Farkas (Cardozo): Some breaking news tonight from the House of Representatives: H.R. 4445 has just passed, a bill that would amend the FAA to prohibit the mandatory arbitration of sexual harassment and assault claims: Here’s the bill: https://www.congress.gov/bill/117th-congress/house-bill/4445 And some description: https://thehill.com/homenews/house/593206-house-passes-bill-to-end-forced-arbitration-in-sexual-misconduct-cases It appears this will be heading towards passage in the Senate shortly … Continue reading House Passes Bill to End Mandatory Arbitration of Sexual Harassment And Assault Claims
We, at Indisputably, recently received the following unsolicited email: The United States Library of Congress has selected your website for inclusion in the historic collection of Internet materials related to the Legal Blawgs Web Archive. We consider your website to be an important part of this collection and the historical record. The Library of Congress … Continue reading Indisputably in the Library of Congress
