Kris Franklin and Peter Phillips of New York Law School just wrote an excellent article that people who care about teaching dispute resolution in law schools should read: Pass the … Continue reading Problem Resolution Lawyering Across the 21st Century Law Curriculum
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 … Continue reading Shestowsky’s Study Supports Value of Lawyers’ Early Education of Clients About Their Procedural Options
Deborah Jones Merritt sent this notice of a virtual conference on bar exam reform that Mitchell Hamline, the University of Minnesota, and the University of St. Thomas are sponsoring on … Continue reading Conference on Bar Exam Reform on April 22
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 … Continue reading The Legal Profession, Judiciary, and Dispute Resolution
That’s the title of a thesis written by Supreme Court nominee Ketanji Brown Jackson when she was an undergraduate. A Washington Post profile, How Ketanji Brown Jackson Found a Path … Continue reading The Hand of Oppression: Plea Bargaining Processes and the Coercion of Criminal Defendants
Early coal mines didn’t have good ventilation, and miners were at risk from dangerous gases in the mines. So miners would bring canaries into the mines because they were sensitive … Continue reading Canaries in the Litigation Coal Mine
Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases. In … Continue reading The Role of Law in Legal Disputes
People often say that dispute resolution processes aren’t “one size fits all.” When practitioners are asked to opine about hypothetical problems, they often say “it depends” and they make “case … Continue reading Teaching Students to Think Like Practitioners
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, … Continue reading If You Had Only One Hour to Describe ADR, What Would You Say?
The Institute for the Advancement of the American Legal System (IAALS), the Chicago Bar Foundation, the ABA Standing Committee on the Delivery of Legal Services, and the Self-Represented Litigation Network … Continue reading Virtual Conference on Unbundled Legal Services in the New Normal – April 20-22
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 … Continue reading Lawyers Are From Mars, Clients Are From Venus – and Mediators Can Help Communicate in Space
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 … Continue reading Appreciation of Doug Frenkel and Jim Stark