Randall Kiser just published another great book relevant to our community, Professional Judgment for Lawyers. Randy is the principal analyst at DecisionSet®, which consults with lawyers and law firms to improve their effectiveness. This earlier post describes his background and his book, Soft Skills for the Effective Lawyer. That book presents research showing that legal … Continue reading Randy Kiser’s New Book on Professional Judgment for Lawyers
Noam Ebner circulated the latest version of his ODR bibliography in June and this is a belated post to circulate it. It focuses mostly on books, book chapters, and journal articles on ODR. It also includes a less comprehensive collection of writing in trade and professional journals, conference proceedings, and other formats. Take a look.
Professor Kristen Blankley (Nebraska) recently published A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters. This article considers the state of federal court jurisdiction to hear arbitration matters in the wake of the 2022 decision of Badgerow v. Waters. Here’s the abstract: The Supreme Court’s 2022 Badgerow v. Waters decision attempts to … Continue reading Blankley: A Muddy Mess: The Supreme Court’s Jurisprudence on Jurisdiction for Arbitration Matters
A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Historically, parties often had little opportunity to exercise much control after they retained attorneys to handle their disputes. Attorneys often acted paternalistically, taking control over virtually every aspect of the cases. The legal system … Continue reading Focus on Party Decision-Making
From Dilyara Nigmatullina: Introduction In September 2022, a team of researchers from the Faculty of Law of the University of Antwerp (Law Enforcement Research Group) and Conflicool (a not-for-profit organisation dedicated to the amicable resolution of disputes) conducted a large-scale empirical study on dispute resolution culture in Belgium. The study was undertaken via a survey … Continue reading A Study on Dispute Resolution Culture in Belgium: An Invitation to Share Your View on Key Results
If there’s anything approaching unanimity in our field, it’s that it’s important to prepare in dispute resolution processes like mediation. So it’s almost boring to write about it. But I found some things that should be interesting and helpful for parties, practitioners, and mediation program administrators. Last December, I wrote a short article, The Critical … Continue reading How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?
This year’s AALS ADR Section Works-in-Progress Conference will be held on Friday and Saturday, October 13 and 14 at Quinnipiac and Yale. The deadline for submitting proposals has been extended until Friday, August 4, at midnight Eastern Time. The conference will have a hybrid format, with some presentations in person and some by video. The … Continue reading WIP Conference Deadline is Extended Until August 4
Elayne Greenberg published an article in the Washington & Lee Journal of Civil Rights and Social Justice that is very timely: High Anxiety: Racism, the Law, and Legal Education. Here’s the abstract: Conspicuously absent from the United States’ ongoing discourse about its racist history is a more honest discussion about the individual and personal stressors … Continue reading Elayne Greenberg: “High Anxiety: Racism, the Law, and Legal Education”
I had the good fortune to be Len Riskin’s colleague from 2000, when I arrived in Missouri, until he moved to the University of Florida in 2007. He now is a Visiting Professor of Law and Distinguished Senior Fellow at the Center on Negotiation, Mediation, and Restorative Justice at Northwestern University Pritzker School of Law … Continue reading Len Riskin Pulls It All Together in Managing Conflict Mindfully
Thanks to Andrea Schneider, the Cardozo Journal on Dispute Resolution’s faculty advisor, and its editors, the Journal just published articles by Professor Robert A. Baruch Bush and me expressing differing perspectives about basic mediation theory. I appreciate this opportunity to publish our perspectives and share them with readers. Prof. Bush’s article is Beyond the Toolbox: … Continue reading Bush’s and Lande’s Differing Perspectives of Mediation Theory