This post is by Jackie Nolan-Haley, Fordham Law School, written shortly after the Past-and-Future conference. Four days have passed since the “Appreciating Our Legacy and Engaging the Future” conference at Pepperdine School of Law and I am still inspired by so much of what I heard from so many excellent speakers. I hope that there … Continue reading ADR and Access to Justice
“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
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
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
I had the good fortune to be one of Marc Galanter’s students when I was in graduate school. As one of his former students, I was invited to contribute to a symposium honoring his work and I wrote this appreciation of his scholarship. I suspect that many of us in the dispute resolution community aren’t … Continue reading For Pragmatic Romanticism
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
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
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
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
Last week I announced the Divided Community Project housed at OSU’s Moritz College of Law. Today—in the second of three posts—I wanted to share the Project’s first publications. Key Considerations for Community Leaders Facing Civil Unrest: Effective Problem-Solving Strategies That Have Been Used in Other Communities, provides background information and expertise for local community leaders … Continue reading Addressing Community Division and Civil Unrest – Divided Community Project Part 2
