Thanks to Kim Wright, at Cutting Edge Law, I learned about a wonderful TED talk that David Hoffman gave: Lawyers as Peacemakers. Really?!? Yes, Really. It describes his personal journey from a hippie seeking social justice to lawyer who sometimes litigated to full-time peacemaker practicing mediation and collaborative law (CL). It is an inspiring talk, … Continue reading Fabulous TED Talk by David Hoffman on Lawyers as Peacemakers
Probably like most faculty who read this blog, at my school, we are very proud of our students (or most of them, anyway). We want to let people know of their good work, so we are highlighting some of their publications in our Journal of Dispute Resolution. I am starting with an excellent comment by … Continue reading Mashburn on Mediation in Open Adoption Cases
First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds. I submit not. Rather, I think that this reflects an evolution of our goals and how we … Continue reading Dispute Resolution Systems and the Future of Our Field
Tis the season of the US News tournament, when our mailboxes fill with literature touting the achievements of law schools far and wide. Most of us think that this “game” is seriously flawed and wish our schools didn’t have play the game, but we generally feel compelled to do so because of the significant consequences. … Continue reading Missouri Scholarship Booklet
Recently, I was asked to write a post for a state bar association blog with highlights from my article, My Last Lecture: More Unsolicited Advice for Future and Current Lawyers. Then I thought, heck, I should post it here too. Understand Your Clients’ Interests. Lawyers often assume that they know what their clients want–to get … Continue reading Tips for Lawyers Who Want to Get Good Results for Clients and Make Money
This post stimulated a conversation with Peter Benner about planned early dispute resolution (PEDR), beginning with the exchange of comments below. There are six additional posts in this conversation. At the end of each post, there is a link to the next post in the conversation. _______________________________________________________________ Early mediation is a waste of time. This … Continue reading Planning is Critically Important for Early Dispute Resolution
You are cordially invited to this program at the ABA conference in Seattle, which will take place on Friday, April 17, from 3-4:15, in the Orcas Room. My partners in crime for this caper are Alyson Carrel, Jim Coben, and Noam Ebner. Here’s the idea for our program – How many times have you heard … Continue reading Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth?
Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts. She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes
I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence
SSRN subscribers will soon see a passel of my old articles scrolling across their screens and may wonder, “What the heck?” The heck is that, thanks to a new scanner, I was able to make nice pdf files of some articles I wrote before I started posting pieces on SSRN. With the benefit of hindsight, … Continue reading Oldies But Goodies
