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
At the Past-and-Future Conference last month, I was on a program with Doug Frenkel, Michaela Keet, and Donna Stienstra entitled, “Research and Scholarship with a Real-World Focus: Studying What Practitioners Actually Do.” This program followed one on research terminology and methodology, described in this post. This program was in a conversational format, framed around several … Continue reading Studying What DR Practitioners Actually Do
I liked virtually all of the sessions I attended at this year’s ABA conference and I especially appreciated the Court ADR Conference keynote address, delivered by Michael Buenger, the executive vice-president and chief operating officer of the National Center for State Courts. He kindly agreed to let me post his provocative, wide-ranging talk, which I … Continue reading Michael Buenger’s Great Keynote Address at the ABA Court ADR Conference
Over the past year, we have witnessed growing evidence of the massive failures of our legal system to deal properly with a rampant system in which powerful men sexually dominate others, especially women. This post describes the nature, magnitude, and consequences of a long-term history of criminal and civil sexual offenses in the US and … Continue reading How Can We Fix Legal System Failures to Properly Handle Sexual Offenses?
The Negotiation and Conflict Resolution (NCR) Program in the Creighton University Graduate School is excited to invite you to Disrupting Law, Reclaiming Justice – an upcoming event at Creighton that brings to the Heartland a national conversation about the need to remake the legal system – for it to be more responsive to more people, … Continue reading Creighton Program on Disrupting Law and Reclaiming Justice on October 8
I recently joined the ABA Section of Dispute Resolution’s Publications Board, which recruits people to write books, reviews book proposals, and oversees the Section’s bookselling operation. If you might want to write a book for the Section, you can contact Pub Board chair Rebecca Price and/or vice-chair Andy Little. I came to appreciate the importance … Continue reading The New Handshake: Using ODR to Create Value for Consumers and Businesses
“[I]f . . . I act for the Big Bad Wolf against Little Red Riding Hood and I don’t want this dispute resolved, I want to tie it up as long as I possibly can, and mandatory mediation is custom made. I can waste more time, I can string it along, I can make sure … Continue reading A Good Bad-Faith Policy?
Recently, I did a post about a new book that Forrest (“Woody”) Mosten co-authored about unbundled legal services. Woody just sent me a link to a podcast conversation he had with our friend, Dr. Julie Macfarlane, the director of the National Self-Represented Litigants Project (NSRLP). In this podcast, entitled “Back to the Future of Legal … Continue reading Conversation Between Julie Macfarlane and Woody Mosten about Unbundling and Self-Represented Litigants