Tag Archives: Court

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

Proposal for Standard Explanation in 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

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!

The Next New Normal in Law, Dispute Resolution, and Legal Education

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

Moving US Courts Online

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

Michael Buenger’s Great Keynote Address at the ABA Court ADR Conference

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

ODR Forum on October 28-29

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