The majority opinion in the Breslin case led me to write my piece, Courts Should Make Mediation Good Samaritans Not Frankensteins, which led the CPR Mediation Committee to sponsor a program, Consequences of Not Participating in Court Ordered Mediation: What Is Fair? I was one of the speakers, along with Lauren A. Jones, ADR Coordinator … Continue reading Charting a Middle Course for Court-Connected Mediation
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
Here’s a short article you might be interested in. Using a recent California appellate decision as a jumping off point, it identifies problems with mandatory mediation and recommends that courts use good dispute system design procedures to reduce risks of creating Frankensteins – mediation that produces injustices. Of course, some courts have policies fulfilling the … Continue reading Courts Should Make Mediations Good Samaritans Not Frankensteins
From EFOI Lela Love: Dear Friends, Following this year’s adoption by the NY Courts of Presumptive ADR, the Cardozo Journal of Conflict Resolution is holding its Jed D. Melnick Symposium on Presumptive ADR and Court Systems of the Future on Friday, October 23. Register via Eventbrite. CLE credits will be available. The virtual event will be held … Continue reading Cardozo Symposium on October 23 on Presumptive ADR and Court Systems of the Future
From FFOI Susan Yates about the latest resource from the invaluable Resolution Systems Institute (RSI): As the pandemic wears on, courts have been transitioning services online and exploring how ADR and ODR can aid their communities in new ways. Given the challenging nature of the situation, I am pleased to share a newly completed resource … Continue reading RSI’s Complete “Guide to Program Success” Now Available!
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