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
I posted a short artice, Think DSD, Not ADR, which you may want to read. Here’s the abstract. This article argues that it is time for a paradigm shift in the way we define the alternative dispute resolution (ADR) field. It suggests that the dispute system design (DSD) paradigm should succeed ADR. ADR is an … Continue reading Think DSD, Not ADR
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
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
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?
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
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?
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
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
