Tag Archives: Recent Scholarship

Bush’s and Lande’s Differing Perspectives of Mediation Theory

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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 →

St. John’s Carey Center Award Ceremony on April 19, 2023

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From Elayne Greenberg: Please join us online as we present the St. John’s University School of Law Carey Center’s 2023 Dispute Resolution Advancement Award to Professors Jessica Bregant, Jennifer K. Robbennolt, and Verity Winship.  They  will discuss the award-winning research reported in their Harvard Negotiation Law Review article, “Perceptions of Settlement.”  Read more about this year’s award winners. Starting with the premise that little is … Continue reading St. John’s Carey Center Award Ceremony on April 19, 2023 →

Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum

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I just saw that two very impressive people in our field, Kris Franklin and Peter Phillips, wrote an excellent article, Pass the Salt: Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum, 23 Pepp. Disp. Resol. L.J. 1 (2023), building on the work that many of us have done.  Here’s the abstract: Attorneys work with clients … Continue reading Problem-Resolution Lawyering Across the Twenty-First Century Law Curriculum →

Should We Get Rid of the Bar Exam?

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It may be a weird time to suggest getting rid of bar exams considering that bar exams will soon include questions about client counseling and advising, negotiation and dispute resolution, and client relationship and management. Inclusion of these subjects on the bar exam could lead to welcome changes in legal education to better prepare law … Continue reading Should We Get Rid of the Bar Exam? →

The Critical Importance of Pre-Session Preparation in Mediation

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It’s indisputable that preparation before mediation sessions is very important – both for the participants and the mediators.  This can make a huge difference in the process and outcome. Parties (and their lawyers, if any) need to be prepared to discuss the facts, law, interests, and/or negotiation approaches etc.  This is hard enough when they … Continue reading The Critical Importance of Pre-Session Preparation in Mediation →

Would you like to read a WIP draft?

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I will present a draft of my article, Real Mediation Models to Help Parties and Mediators Achieve Their Goals, at the Works-in-Progress conference next month and I am posting it now so that you can read it before then if you like. People can attend the conference in person or by video – and I … Continue reading Would you like to read a WIP draft? →

Problem Resolution Lawyering Across the 21st Century Law Curriculum

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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 Salt: Problem Resolution Lawyering Across the 21st Century Law Curriculum. Here’s the abstract: Attorneys work with clients to resolve problems. Legal education can help prepare … Continue reading Problem Resolution Lawyering Across the 21st Century Law Curriculum →

Study of ODR in Family Cases with Positive Results

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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 →

Heidi Brown’s Books Promoting Flourishing and Effective Practitioners

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The ABA has published three books by Brooklyn Law Professor and Director of Legal Writing Heidi K. Brown to help law students and lawyers improve their well-being and function optimally. It just released The Flourishing Lawyer: A Multi-Dimensional Approach to Performance and Well-Being (2022).  She previously published The Introverted Lawyer: A Seven-Step Journey Toward Authentically … Continue reading Heidi Brown’s Books Promoting Flourishing and Effective Practitioners →