Tag Archives: Dispute Resolution Field

Real Practice Systems Project Annotated Bibliography

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

What We Do Is So Important

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

Bush’s and Lande’s Differing Perspectives of Mediation Theory

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

Shifting the Central Paradigm to Dispute System Design

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

How Do You Want to Improve Dispute Resolution?

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?

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

Assessment of the Dispute Resolution Field

The January 2022 issue of Dispute Resolution Magazine contains a valuable assessment of the dispute resolution field based on a survey of past Magazine contributors.  Andrea Schneider and Michael Moffitt, co-chairs of the Editorial Board, asked them: what they valued about the ABA Section of Dispute Resolution what they wished they had known when they … Continue reading Assessment of the Dispute Resolution Field

If You Had Only One Hour to Describe ADR, What Would You Say?

This was the question I had to answer when planning a lecture.  I was a speaker in a course offered by the Universidad Monteavila in Caracas, Venezuela.  My wonderful colleague, Rafael Gely, organized this collaboration with Missouri’s DR Center to provide a series of speakers, including me. My Venezuelan colleague told me that I could … Continue reading If You Had Only One Hour to Describe ADR, What Would You Say?

ADR’s Place in Navigating a Polarized Era

In the middle of the impeachment trial last week, I received a Westlaw email with links to the symposium on ADR’s Place in Navigating a Polarized Era, organized by Texas A&M and published in the Ohio State Journal of Dispute Resolution. The symposium could not be more timely and is well worth reading (though the … Continue reading ADR’s Place in Navigating a Polarized Era