The National Center for Technology and Dispute Resolution will host a panel discussion and book launch on Wednesday, July 29 at 1 pm Eastern Time. The program is entitled “Dispute System Design for the 21st Century.” The book is Dispute Systems Design: Preventing, Managing and Resolving Conflict by Lisa Blomgren Amsler, Janet K. Martinez, and … Continue reading Dispute System Design Discussion on July 29
Several contributors to the Theory-of-Change book suggested that we should reconceptualize our field, shifting away from defining it in terms of particular dispute resolution procedures such as negotiation, mediation, and arbitration. I think that this idea makes sense, and this post suggests that we should include a decision-making lens that may be part of a … Continue reading Decision-Making as an Essential Element of Our Field
This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program. This part describes … Continue reading Early Dispute Resolution Processes
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
The Hague Institute for Innovation of Law recently released a report entitled, Understanding Justice Needs: The Elephant in the Courtroom. The Institute describes the report as follows: “For the first time, we quantify and pinpoint the yearly need for fair solutions. In this report, we estimate that each year, 1 billion people face a new … Continue reading Impressive Report on Worldwide Dispute System Needs and Design
Universities generally ignored serious allegations of sexual assault until very recently. Did the Obama Administration policy go too far to correct this problem? That’s the view of Prof. Lara Bazelon, director of the criminal juvenile justice and the racial justice clinics at the University of San Francisco School of Law, who wrote a NYT op-ed, … Continue reading Designing a Fair Dispute System for Title IX Cases
The New York Times published an interesting article worth reading, which riffs on Mark Zuckerberg’s statement that Facebook would develop an independent body to make decisions about acceptability of posts on its platform. He mused that the body might be like a supreme court to make final decisions reflecting global social norms. The article was … Continue reading Dispute System Design for Facebook
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?
Like millions of others, I got hooked on the Serial podcasts. The first season told the story of a real-life whodunit, examining the trial of a young man convicted of murdering his ex-girlfriend. The second season focused on Bowe Bergdahl, a soldier who left his base in Afghanistan and was held captive by the Taliban … Continue reading Serial Podcast Examines the Criminal Justice System
From my colleague, S.I. Strong: I am happy to announce the publication of the spring 2018 issue of the Journal of Dispute Resolution, which includes pieces from our symposium on The First Amendment, The University and Conflict. The articles will shortly be put on Westlaw and Lexis, but until then, you can download copies for … Continue reading Symposium Articles on The First Amendment, The University, and Conflict
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?