Tag Archives: DR field

What’s Your Theory of Change for Dispute Resolution? – Part 1

Isn’t there a better way? Those words of former Chief Justice Warren Burger reflect the aspirations of our community for innovation and improvement of traditional processes of dispute resolution.  Although he was not generally lauded for his jurisprudence, people in our field remember his early support for our ideas.  In a 1982 speech to the … Continue reading What’s Your Theory of Change for Dispute Resolution? – Part 1

Appreciating Our Legacy in Two Ways

This post is by Andrew Mamo, a lecturer and clinical instructor at Harvard Law School with his reflections about the Past-and-Future conference. My thanks to the organizers and participants at the “Appreciating our Legacy and Engaging the Future” conference.  It was a tremendous gathering of so many individuals in our field — from those who … Continue reading Appreciating Our Legacy in Two Ways

New Horizons for the ADR Field: Where Are We Headed, and Where Can We Go?

The following series of posts are in response to a request to separately post reactions to the Past-and-Future conference I previously posted.  Today I am posting summaries of programs at the conference.  Tomorrow I will post some reflections about the experience. This post is about a plenary program moderated by Noam Ebner with Ava Abramowitz, … Continue reading New Horizons for the ADR Field: Where Are We Headed, and Where Can We Go?

For Pragmatic Romanticism About ADR, Understanding Why the “Haves” Come Out Ahead

“Mediators equalize the power between the parties.”  Have you heard that claim? I used to hear it with some frequency, though (fortunately) not much lately. Considering this idea even for a nano-second, obviously it is wildly optimistically untrue as a generalization – and it doesn’t even make sense in individual cases. Some of the discussion … Continue reading For Pragmatic Romanticism About ADR, Understanding Why the “Haves” Come Out Ahead

Reflections from the Past-and-Future Conference

This post includes a variety of reflections from the Appreciating our Legacy and Engaging the Future conference in June.  The conference was co-sponsored by the Straus Institute for Dispute Resolution, ABA Section of Dispute Resolution, and the Aggie Dispute Resolution Program, Texas A&M University School of Law in cooperation with a ton of law school … Continue reading Reflections from the Past-and-Future Conference

ABA Conference Sessions You Might Enjoy

I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me.  This reflects my idiosyncratic tastes and it would be a … Continue reading ABA Conference Sessions You Might Enjoy

Diversity and Dispute Resolution

I am a member of David Hoffman’s huge fan club for the many reasons that the club is so large.  One of these reasons is that he uses his caring and deliberate approach to address critically important issues in our field.  Despite serious efforts by many people in our field for a long time, we … Continue reading Diversity and Dispute Resolution

Global Pound Conference, Papal Encyclical on the Environment, and Cyberweek

We have such an incredible group of people in our community doing wonderful work in so many different areas. Forty years ago, at the 1976 Pound Conference, Frank Sander proposed the multi-door courthouse.  Before then, mediation and arbitration had been widely used in the labor context for decades but there wasn’t much else going on … Continue reading Global Pound Conference, Papal Encyclical on the Environment, and Cyberweek

Conversation with Heather Kulp About ADR Careers – Part 5

Heather and I have been talking about what law schools can do to help students develop “ADR careers.”  In our last episode,  Heather responded to my question about what she meant by ADR careers and she suggested that it may be more useful to focus on skills than specific jobs.  (In that post, you can … Continue reading Conversation with Heather Kulp About ADR Careers – Part 5

Pomerantz and DR Section on Consumer Arbitration

My friend, Lisa Renee Pomerantz, a New York lawyer and neutral, wrote an article on consumer arbitration in ACResolution that you might want to check out.  It chronicles a history of efforts to regulate and improve consumer arbitration, leading up to the recent study and proposed rules issued by the Consumer Financial Protection Bureau.  It … Continue reading Pomerantz and DR Section on Consumer Arbitration