Tag Archives: Court ADR

Focus on Party Decision-Making

A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes.  Attorneys often acted paternalistically, taking control over virtually every aspect of the cases.  The legal system … Continue reading Focus on Party Decision-Making

How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?

If there’s anything approaching unanimity in our field, it’s that it’s important to prepare in dispute resolution processes like mediation. So it’s almost boring to write about it.  But I found some things that should be interesting and helpful for parties, practitioners, and mediation program administrators. Last December, I wrote a short article, The Critical … Continue reading How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?

The Deplorable Vanishing of Fox’s Trial-Part 2

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

The Deplorable Vanishing of Fox’s Trial

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 Legal Profession, Judiciary, and Dispute Resolution

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

The Hand of Oppression: Plea Bargaining Processes and the Coercion of Criminal Defendants

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

Charting a Middle Course for Court-Connected Mediation

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

Courts Should Make Mediations Good Samaritans Not Frankensteins

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

Cardozo Symposium on October 23 on Presumptive ADR and Court Systems of the Future

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

RSI’s Complete “Guide to Program Success” Now Available!

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!