On October 30, 2024, Debra Berman posted a message on the DRLE listserv encouraging colleagues to drop the word “alternative” from “ADR.” Her post quickly prompted 24 responses. As usual, people were respectful, appreciative, collaborative, and funny even as they expressed differing views. This was one of our best discussions, and I wish we had … Continue reading Choosing to Use Good Language in the “ADR” Field
The University of Missouri’s Center for the Study of Dispute Resolution will hold its 40th anniversary symposium on Friday, October 25. It’s entitled, “Dispute Resolution at Forty: Looking Back, Looking Forward,” and features an indisputably all-star cast. Here’s the lineup. The starred characters are Mizzou student and/or faculty alumni. Welcome: Paul J. Litton Remarks: Ilhyung … Continue reading Come to Missouri’s 40th Anniversary Symposium on October 25
Are you going to teach a law school mediation course this fall? If so, I suggest that you read It’s Time to Make Important Upgrades to Our Mediation Curriculum right away. It’s also relevant to ADR survey, negotiation, and lawyering courses. The article includes numerous suggestions and links to handy resources that you can incorporate … Continue reading If You Will Teach a Law School Mediation Course This Fall, Read This Article Right Away
This 4-page article riffs on comments at a program at the recent ABA Section of Dispute Resolution conference to illustrate how oxymoronic the terms “facilitative,” “evaluative,” and “empowerment” have become. When people use these terms, we kinda, sorta, probably think we know what they mean. But we don’t really know. The article suggests ways that … Continue reading Oxymorons R Us
Gary Doernhoefer, the founder of ADR Notable, suggested that I produce a bibliography for its users. ADR Notable is an app providing case management software to help mediators handle case intake, bill clients, manage client documents, develop checklists and task reminders, take notes, build documents, and manage client relationships generally. Gary recognized that our respective … Continue reading Real Practice Systems Project Annotated Bibliography
My colleague, Ilhyung Lee, pointed me to another graduation speech highlighting the importance of generally listening respectfully to and engaging with people we disagree with. He sent me a link to a speech by University of Chicago Law Professor Tom Ginsburg, entitled “Conversation and Democracy.” I had cited Bret Stephen’s speech and Jen Reynolds linked … Continue reading What We Do Is So Important
Thanks to Andrea Schneider, the Cardozo Journal on Dispute Resolution’s faculty advisor, and its editors, the Journal just published articles by Professor Robert A. Baruch Bush and me expressing differing perspectives about basic mediation theory. I appreciate this opportunity to publish our perspectives and share them with readers. Prof. Bush’s article is Beyond the Toolbox: … Continue reading Bush’s and Lande’s Differing Perspectives of Mediation Theory
I posted a short artice, Think DSD, Not ADR, which you may want to read. Here’s the abstract. This article argues that it is time for a paradigm shift in the way we define the alternative dispute resolution (ADR) field. It suggests that the dispute system design (DSD) paradigm should succeed ADR. ADR is an … Continue reading Think DSD, Not ADR
There is no good definition of ADR, as described in a recent post. This post suggests that it’s time for a paradigm shift in our field. Instead of identifying our field as ADR, we should use dispute system design (DSD) as our central theoretical framework. Time for a Paradigm Shift Thomas S. Kuhn’s classic book, … Continue reading Shifting the Central Paradigm to Dispute System Design
The January 2022 issue of Dispute Resolution Magazine includes results of a survey of past contributors about the dispute resolution field. One question asked about cases, statutes, regulations, or standards of practice that had the biggest impact on the field, and another question asked about changes in case law, statute, or rule they would like … Continue reading How Do You Want to Improve Dispute Resolution?
