Tag Archives: DR practice

Upcoming Events by the ABA Section of Dispute Resolution

Linda Seely, the director of the ABA Section of Dispute Resolution, announced the following programs, which are free for Section members: June 10 at 1pm ET – Leveraging ADR to Strengthen Your Client’s Enterprise. This session prepares lawyers to help their clients leverage ADR in workplace litigation to repair the employer/employee relationship, clearing a path … Continue reading Upcoming Events by the ABA Section of Dispute Resolution

The Next New Normal in Law, Dispute Resolution, and Legal Education

A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN).  At this point, governments, institutions, and individuals are still developing new routines as we wait out the crisis by doing things like sheltering in … Continue reading The Next New Normal in Law, Dispute Resolution, and Legal Education

Dispute Prevention and Early Dispute Resolution Framework

This is the final part of a three-part series on litigation interest and risk assessment (LIRA) and early dispute resolution procedures.  The first part explains how lawyers can use LIRA procedures to help clients make better decisions about litigation and negotiation.  The second part describes some early dispute resolution procedures, which can benefit from good … Continue reading Dispute Prevention and Early Dispute Resolution Framework

Early Dispute Resolution Processes

This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program.  This part describes … Continue reading Early Dispute Resolution Processes

LIRA @ CPR

This post summarizes presentations, data collected, and discussion in the “Risky Business: A Toolbox for Managing Litigation Interests and Risks” program on February 28, 2020 at CPR’s annual meeting.  There never is enough time to cover everything you want to say, so this post elaborates the discussion at the program. Based on our book, Litigation … Continue reading LIRA @ CPR

A Story of a Good Divorce

I recently wrote a post about the film, Marriage Story, which depicts a somewhat bad divorce.  That story fit into very common negative narratives about bad divorces and divorce lawyers.  Of course, there are bad divorces and divorce lawyers – though probably not as many as suggested in popular culture.  Indeed, to reflect some balance, … Continue reading A Story of a Good Divorce

The Law Can Be Dangerous to Lawyers’ Mental Health

I’ve said it before and I’ll say it again.  The law can be a very dangerous thing. Although the legal system inevitably is imperfect, it sometimes provides important benefits such as helping people solve difficult problems, making institutions function properly, and promoting justice. Unfortunately, the litigation process needed to achieve these goals often is extremely … Continue reading The Law Can Be Dangerous to Lawyers’ Mental Health

How to Calculate and Use BATNAs and Bottom Lines with LIRA

Everyone talks about knowing one’s BATNA in negotiation and mediation.  But that’s a lot easier said than done. In litigated cases, the value of the BATNA usually is the expected trial outcome, but that is notoriously hard to predict for many reasons.  The outcome of numerous legal and factual issues may depend on the evidence, … Continue reading How to Calculate and Use BATNAs and Bottom Lines with LIRA

Early Bird Discount for ABA Arbitration Institute on March 9-10

From former ABA SDR Chair, Harrie Samaras: Want to learn what the ABA Section of Dispute Resolution’s 13th Annual Arbitration Training Institute is all about?  Check out a podcast by Dana Welch, one of the program co-chairs. In addition to what Dana mentions, here are the top six reasons to attend: It’s being taught by … Continue reading Early Bird Discount for ABA Arbitration Institute on March 9-10

Studying What DR Practitioners Actually Do

At the Past-and-Future Conference last month, I was on a program with Doug Frenkel, Michaela Keet, and Donna Stienstra entitled, “Research and Scholarship with a Real-World Focus:  Studying What Practitioners Actually Do.”  This program followed one on research terminology and methodology, described in this post. This program was in a conversational format, framed around several … Continue reading Studying What DR Practitioners Actually Do

Achieving Access to Justice Through ADR: Fact or Fiction?

On November 1, the Fordham Law Review, in conjunction with the Conflict Resolution and ADR Program and National Center for Access to Justice at Fordham Law School will present a program entitled “Achieving Access to Justice Through ADR:  Fact or Fiction?” ADR is enthusiastically promoted as a vehicle for providing access to justice.  For parties, there … Continue reading Achieving Access to Justice Through ADR: Fact or Fiction?

Job Announcements for Two Dispute Resolution Positions

Lara Fowler (Penn State) sent the following announcement: The Environmental Dispute Resolution (EDR) Program is hiring a Mediator who will be responsible for supporting existing program activities and developing new projects. We seek someone with significant experience in conflict resolution and consensus building, as well as expertise in training and capacity building.  Ideally, the new … Continue reading Job Announcements for Two Dispute Resolution Positions