Tag Archives: Past and Future of Dispute Resolution

For Pragmatic Romanticism About ADR, Understanding Why the “Haves” Come Out Ahead

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“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 →

Reflections from the Past-and-Future Conference

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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 →

Studying What DR Practitioners Actually Do

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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 →

Appreciating Legacy / Engaging Future Program on Methodologies and Terminology for Research with a Real-World Focus

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There was an excellent program on methodologies and terminology for research with a real-world focus at June’s past-and-future conference co-sponsored by Pepperdine’s Straus Institute, the ABA Section of Dispute Resolution, and Texas A&M Law’s Aggie Dispute Resolution Program.  It featured an all-star cast of Howard Herman, Russell Korobkin, Donna Shestowsky, and Roselle Wissler, with moderation … Continue reading Appreciating Legacy / Engaging Future Program on Methodologies and Terminology for Research with a Real-World Focus →

Understanding Actual DR Practice and Communicating Clearly About It

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At the upcoming Past-and-Future Conference at Pepperdine, much of the discussion will be about engaging the real world of dispute resolution.  This post recommends that to help do this, we develop a common language of dispute resolution and increasingly use qualitative research methods. We Should Set a Top Priority to Develop Clearer Common Language of … Continue reading Understanding Actual DR Practice and Communicating Clearly About It →

Pepperdine Program Discussing Scholarship About Actual Practice

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At the Past-and-Future Conference, I will be on a panel with Doug Frenkel, Michaela Keet, and Donna Stienstra entitled, “Research and Scholarship with a Real-World Focus Studying What Practitioners Actually Do.”  We will not only discuss research about private neutrals, but also lawyers, judges, and disputants. Most of the session will be a conversation in … Continue reading Pepperdine Program Discussing Scholarship About Actual Practice →

Appreciating Our Legacy and Engaging the Future at Pepperdine

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Do you care about the future of ADR in legal education? If so, you will want to be at Peppedine on June 18-19 for Appreciating Our Legacy and Engaging the Future: An International Conference for Dispute ResolutionTeachers, Scholars, and Leaders. This landmark conference for full-time faculty and current adjunct instructors will bring together leading dispute … Continue reading Appreciating Our Legacy and Engaging the Future at Pepperdine →

Where the “Puck” is Going – And What Faculty Should Do to Help Students Get There

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At the ABA SDR conference this year, Cynthia Alkon, Noam Ebner, Lydia Nussbaum and I did a session at the Legal Educators Colloquium entitled Preparing Students for the Future of Dispute Resolution:  Skating to “Where the Puck Is Going, Not Where It’s Been.” The title of our session was based on a quote by hockey … Continue reading Where the “Puck” is Going – And What Faculty Should Do to Help Students Get There →