A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN). At this point, governments, institutions, and individuals are still developing new routines as we wait out the crisis by doing things like sheltering in … Continue reading The Next New Normal in Law, Dispute Resolution, and Legal Education
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
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
From GFOIs Ben Davis and Amy Schmitz: The ODR Forum 2019 will be held in Williamsburg, Virginia from October 29th-30th with a preconference on October 28th. Presentation proposals are welcome on any topic relevant to ODR, and topics of particular interest include ODR measures and metrics, ODR in the private and public sector, technologies that … Continue reading ODR Forum on October 28-29
“[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?
From Resolution Systems Institute My name is Nicole Wilmet and I am the Resource Center Director at Resolution Systems Institute (RSI). As an organizer of your state’s court ADR program, I am delighted to inform you that RSI, the source for information about court alternative dispute resolution, has a brand new website! At the updated … Continue reading New Resolution Systems Institute (RSI) Website
TPKATVT is back. It actually hadn’t gone away, though I hadn’t seen signs of it for a while. TPKATVT, aka The Phenomenon Known as the Vanishing Trial, got started by a 2004 report written by Professor Marc Galanter, The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts. Each year … Continue reading TPKATVT
Alert readers of this blog will recall that amendments of the Federal Rules of Civil Procedure went into effect on Dec. 1, 2015, including a new requirement that discovery be “proportional to the needs of the case.” The Institute for the Advancement of the American Legal System (IAALS) thinks that’s a good thing. Critics, like … Continue reading Is Proportionality of Discovery Good or Bad?
On December 1, amendments to the Federal Rules of Civil Procedure will take effect which are intended to change the culture of litigation. According to a post on the Institute for the Advancement of the American Legal System (IAALS) blog, the new rules affect “judicial case management, disclosure, use of experts, and education for judges.” … Continue reading FRCP Amendments Intended to Change Culture of Litigation
As you may know, the Institute for the Advancement of the American Legal System (IAALS), is a “national, independent research center dedicated to facilitating continuous improvement and advancing excellence in the American legal system.” It is an impressive, high-powered organization based in the University of Denver. It has four major initiatives: (1) Quality Judges (promoting … Continue reading PEDR is Important for Culture Change in Courts
First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds. I submit not. Rather, I think that this reflects an evolution of our goals and how we … Continue reading Dispute Resolution Systems and the Future of Our Field
This post stimulated a conversation with Peter Benner about planned early dispute resolution (PEDR), beginning with the exchange of comments below. There are six additional posts in this conversation. At the end of each post, there is a link to the next post in the conversation. _______________________________________________________________ Early mediation is a waste of time. This … Continue reading Planning is Critically Important for Early Dispute Resolution