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?
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 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
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?
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
From PFOI Robyn Weinstein: The Brooklyn Law School Student Organizations OUTLaws and APALSA are hosting a free ADR Diversity Panel tomorrow, November 19, 2020 from 12:40 pm – 1:50 pm. The purpose of this panel is to provide insight for future practicing attorneys on how to begin, develop, and thrive in the ADR field. Specifically, … Continue reading ADR Diversity Panel for Students TOMORROW, November 19
