Tag Archives: Empirical Research

Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options

For a long time, Donna Shestowsky has conducted empirical studies of litigants’ perceptions about dispute resolution processes.  CPR’s Alternatives to the High Cost of Litigation magazine just published an article summarizing her study about parties’ expectations about the process used to resolve their cases.  The article is Why Client Expectations of Legal Procedures Must Be … Continue reading Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options →

Study of ODR in Family Cases with Positive Results

From Donna Shestowsky: Parties who used online dispute resolution (ODR) for child custody, parenting time or child support matters in Ottawa County, Michigan, were more likely to reach agreement and to rate their experience highly as those who were offered ODR but didn’t use it, a new study by UC Davis Professor of Law Donna Shestowsky … Continue reading Study of ODR in Family Cases with Positive Results →

Gay Couples Can Teach Straight People a Thing or Two About Arguing

That’s the title of an article in the New York Times. It reports that “[s]ame-sex couples, on average, resolve conflict more constructively than different-sex couples, and with less animosity, studies have shown.” It cites researchers suggesting ideas that our field generally recommends including: Using humor to defuse anger Staying calm Being mindful of the other’s … Continue reading Gay Couples Can Teach Straight People a Thing or Two About Arguing →

Evolution of New Normals in Dispute Resolution

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On April 1, the Stetson Law Review sponsored an excellent symposium, Is Remote Justice Still Justice?  It featured FOUR (!) Indisputably bloggers (Cynthia Alkon, Sarah Cole, Jill Gross, and Andrea Schneider) as well as Erin Archerd, Deborah Eisenberg, Elayne Greenberg, Nicole lannarone, and Kelly Browe Olson.  Speakers focused on dispute resolution in various contexts including … Continue reading Evolution of New Normals in Dispute Resolution →

Following the Science of Heuristics and Biases – and a Tragic Love Story

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The Undoing Project: A Friendship That Changed Our Minds, by Michael Lewis, tells the story of how Israeli psychologists Daniel Kahneman and Amos Tversky came together – and fell apart – in their research that radically advanced our knowledge of how people’s minds work.  This is another post in my What-I’m-Reading series. Kahneman and Tversky’s … Continue reading Following the Science of Heuristics and Biases – and a Tragic Love Story →

Call for Nominations for 2022 Dispute Resolution Advancement Award

From Elayne Greenberg: About the Dispute Resolution Advancement Award Given annually through the Hugh L. Carey Center for Dispute Resolution at St. John’s Law, this $5000 Award honors scholars and practitioners whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution. Nomination Criteria You are invited to … Continue reading Call for Nominations for 2022 Dispute Resolution Advancement Award →

Peter Coleman’s Outstanding Evidence-Based Work on Reducing Polarization

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Peter T. Coleman, professor of psychology and education at Columbia University, an award-winning scholar and a prolific author, recently published his latest book, The Way Out: How to Overcome Toxic Polarization.  He holds a joint appointment at Teachers College and The Earth Institute.  In his spare time, he is the director of the Morton Deutsch … Continue reading Peter Coleman’s Outstanding Evidence-Based Work on Reducing Polarization →

Coben & Stienstra’s Fabulous Annotated Bibliography of Empirical Research

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There’s too darn much ADR research.  Too darn much if you have any hope of keeping up with it. We are blessed and cursed with an interest in a subject that deals with virtually every aspect of life and is studied in  many different disciplines.  So we are fortunate that Jim Coben and Donna Stienstra … Continue reading Coben & Stienstra’s Fabulous Annotated Bibliography of Empirical Research →

Lawyers Are From Mars, Clients Are From Venus – and Mediators Can Help Communicate in Space

I just wrote this post on the Kluwer Mediation Blog on this subject.  It summarizes empirical research showing the huge chasm in perspectives between many lawyers and their clients.  Lawyers often focus only on monetary issues in legal disputes, which drives many of their clients crazy because they are also very concerned about a wide … Continue reading Lawyers Are From Mars, Clients Are From Venus – and Mediators Can Help Communicate in Space →

Appreciation of Doug Frenkel and Jim Stark

Jim Stark and Doug Frenkel just became scholars-in-residence with the International Academy of Mediators, following in the footsteps of Hal Abramson, Lela Love, and Dwight Golann. I have appreciated Doug and Jim’s work – actually of all the SiRs – and this post describes some of the things I appreciate about it.  It also includes … Continue reading Appreciation of Doug Frenkel and Jim Stark →