I posted my short article, The Deplorable Vanishing of Fox’s Trial, on the NYC-DR listserv, which prompted several responses including this one: Given the magnitude of the settlement I question whether the judge imploring the parties to settle made much difference. I do think the decisions on the summary judgment motion, which left open only … Continue reading The Deplorable Vanishing of Fox’s Trial-Part 2
I just wrote another short piece you might want to read, The Deplorable Vanishing of Fox’s Trial. Here’s the abstract. About 20 years ago, there was a flurry of worries about “the vanishing trial.” Professor Marc Galanter described trials as having the potential for “deep accountability” where facts are exposed and responsibility is assessed. The … Continue reading The Deplorable Vanishing of Fox’s Trial
The 12th Speziale ADR Symposium, Is Virtual Justice Just?, will be held at Quinnipiac University School of Law on Friday, November 4, 2022, from 8:30 a.m. to 5:00 p.m. This symposium is divided into two sessions, each with its own focus. The morning session, Virtual Trials: What’s the Verdict?, will examine how virtual trials, including virtual juries, have … Continue reading Quinnipiac Symposium on November 4: Is Virtual Justice Just?
For a long time, Donna Shestowsky has conducted empirical studies of litigants’ perceptions about dispute resolution processes. CPR’s Alternatives to the High Cost of Litigation magazine just published an article summarizing her study about parties’ expectations about the process used to resolve their cases. The article is Why Client Expectations of Legal Procedures Must Be … Continue reading Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options
New York Times columnist Jamelle Bouie is an avid reader with a particular interest in American history. In today’s column, he describes various books he has been reading lately. Two of the books are relevant to the recent audacious decisions by the Supreme Court majority to radically redirect legal doctrine by using dubious jurisprudential methods. … Continue reading What Jamelle Bouie is Reading
Since writing my recent short article, Courts Should Make Mediations Good Samaritans Not Frankensteins, I have been thinking about how to maximize the substantial benefits of court-connected mediation while minimizing the risks of coercion. Most mediators, mediation program administrators, and courts are conscientious about providing appropriate, high-quality mediation services. Unfortunately, with some frequency, there have … Continue reading Proposal for Standard Explanation in Mediation
From BFOI Elayne Greenberg: Please join me in congratulating the 2021 Dispute Resolution Advancement Award Winners Avital Mentovich, Professor at University of Haifa’s School of Criminology, J.J. Prescott, the Henry King Ransom Professor of Law at the University of Michigan Law School, and Orna Rabinovich-Einy, Associate Professor on the Law Faculty at the University Haifa … Continue reading 2021 Dispute Resolution Advancement Award Winners
My indefatigable colleague, Amy Schmitz, recently gave an important presentation, “ODR through the Lens of A2J: Who Benefits?” which examined ODR’s successes and failures in advancing justice. Yale Law Professor Judith Resnik provided a commentary. This presentation was sponsored by the Quinnipiac-Yale Dispute Resolution Workshop. Click here to watch the video. [But first click on … Continue reading ODR through the Lens of A2J: Who Benefits?
GFOI Donna Shestowsky recently gave a presentation to the CPR Mediation Committee about litigants’ knowledge of courts’ ADR options in their cases. She presented her research showing that litigants seem to be unaware of ADR options, and that knowing about some of these options – specifically, mediation – improves litigants’ opinions of the court itself. … Continue reading Donna Shestowsky’s Presentation on Litigants’ Views of Court ADR Options
From my colleague, Amy Schmitz, forwarding (with permission) information about how courts are responding to the crisis: Paul Embley with the National Center for State Courts put together this nice synopsis on some things happening here in the U.S. with respect to courts moving online. It is amazing how individuals have had to work together … Continue reading Moving US Courts Online
