ADR

Several contributors to the Theory-of-Change book suggested that we should reconceptualize our field, shifting away from defining it in terms of particular dispute resolution procedures such as negotiation, mediation, and arbitration. I think that this idea makes sense, and this post suggests that we should include a decision-making lens that may be part of a helpful, unifying concept.  Paraphrasing Len Riskin (quoting George Box), all concepts are imperfect but some are useful.  I think this would be useful. Our field seeks to solve problems when parties lack good (or sometimes any) practical dispute resolution options to choose.  We are concerned…
I was fortunate to have the opportunity to review a very recent publication, Mediation and Popular Culture, by Professor Jennifer L. Schulz (Routledge 2020), available at: https://www.routledge.com/Mediation–Popular-Culture-1st-Edition/Schulz/p/book/9780367181055. As a dispute resolution professor who teaches students fascinated by popular culture, I am always on the lookout for opportunities to connect my world with the world my students inhabit. I’m thrilled to find films and television shows that tie what I teach in classroom to the fictional worlds that capture my students’ imaginations. Based on my reading of our dispute resolution listservs, I am not alone in my desire to find…
Many in our field explore intersections with legal practice and legal ethics. (And there’s no shortage of aspects yet under-explored!) If you have a publication dated 2020, I strongly urge you to submit it for consideration for the Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility.  Submissions go to  nominations to Professor Samuel Levine at Touro Law Center, and the deadline for submissions and nominations is September 1, 2020. MM…
This post speculates about the future of continuing education programs (CEP) after a brief review of past CEPs.  This is part of a series analyzing what the potential new normal as the current crisis recedes.  The first post includes links to the others in the series. The Old Normal of Continuing Professional Education In the olden days, i.e., up until a few months ago, virtually all continuing education programs, trainings, symposia, and conferences were held in person.  Fuddy-duddies like me were very skeptical that one could conduct a good training without continuous face-to-face interaction.  Occasionally, a speaker would appear by…
I don’t know the answer to that question, which is why I am doing a survey to try to find out! I am hoping that you, dear reader of Indisputably, might be able to help.  Are you a judge, prosecutor or public defender? If yes, please fill out the survey.  If not, do you know anyone who is a judge, prosecutor or public defender?  If yes, please send them a link to this blog post and ask them to please fill out the survey. My hope is to reach a wonderfully wide and national cross section of professionals. Here is…
We are very fortunate to belong to a very generous community of law school colleagues who teach dispute resolution. One reflection of colleagues’ generosity is our freely sharing resources with each other.  My law school has hosted the Dispute Resolution Resources in Legal Education (DRLE) website to facilitate this sharing.  In particular, we have collected and posted syllabi from a wide range of courses. We last collected syllabi in 2015, and now It’s time to update the collection. Please email me your syllabi that you would like to share.  If you have a newer version of a syllabus that…
This morning I received the following information about useful materials on legislative negotiation from Jane Mansbridge, Adams Professor of Political Leadership and Democratic Values, Harvard Kennedy School: In this moment of great uncertainty regarding the Covid-19 virus and the difficulties of producing legislation in the divided political settings of Congress and many of the state legislatures, I write to share with you the newly developed tools for improved legislative negotiation developed recently at the Harvard Kennedy School. These tools result from a culmination of several years of hard work by a team of scholars working in the Legislative Negotiation Project…
An interesting new opportunity, courtesy of Peter Reilly. Applications are due by June 15, 2020. The John W. Kluge Center at the Library of Congress is pleased to announce a new Fellowship in Congressional Policymaking with an emphasis on legislative negotiation open to legal, social science, and humanities scholars. If you know of an emerging scholar in these fields of study who may be interested in this fellowship, please share this email with them. We welcome their applications, due June 15th. More information on this timely fellowship opportunity in legislative negotiations, including the link to the application portal, can be…
From F. Peter Phillips: New York Law School’s ADR Skills Program invites you to join… THE WEDNESDAY LUNCH SERIES: CONVERSATIONS in CONFLICT RESOLUTION Beginning May 20 and for every two weeks thereafter, New York Law School will offer informal and provocative conversations with interesting leaders in the field of conflict avoidance, management and resolution.  All of these offerings take place at 1:00 p.m. New York time, are free of charge, and occur on a Zoom online platform.  Our first group of talks: May 20:  Laura Kaster, Chair Elect of the New York State Bar Association Dispute Resolution Section and Fellow…
There are a lot of continuing professional educational programs coming up and here are the ones I have heard about lately. ABA Section of Dispute Resolution Conference For readers of this blog, the biggie is the virtual conference of the ABA Section of Dispute Resolution all next week.  Be there or be square. The Section is a bedrock for our field and especially needs financial support in this crazy time.  Rishi Batra, a member of the conference organizing committee, sent an announcement about sponsorship opportunities.  If you would like to contribute, click here. Sharon Press and Noam Ebner…
I am biased.  I am a huge fan of Michelle Obama. I recently watched the film Becoming on Netflix, which revolves around her book tour for her book of the same name.  The film includes some stories from the book but mostly it shows her interactions with people on the book tour.  It also includes photos of her family from her youth and a little tour of the apartment where she grew up. People will react to this film much as they reacted to her and her book.  If they didn’t like her before, this isn’t going to make them…
Please join us for the upcoming Santa Clara County Bar Association Zoom seminar on Tips and Tactics in Deposing and Defending Business Representatives on May 19, 2020 from 12-2 pm. As Co-Chair of the SCCBA Real Property and Business Law Section, I will moderate the program which will feature three top Silicon Valley trial lawyers: Sarju Naran of Hoge Fenton, Vince Parrett of Bergeson, and Elizabeth Pipkin of McManis Faulkner. The panel has considerable experience involving depositions of H.R., technology and financial witnesses. The program should be of interest to younger as well as more experienced attorneys, and the Zoom…
From Leah Wing: Dear Colleagues, The National Center for Technology and Dispute Resolution is happy to announce the unveiling of a newly updated extensive Online Dispute Resolution (ODR) bibliography which is available on our website and here. It is wonderful to see so many new partners from the courts, alternative dispute resolution, and many other sectors joining the work of employing ODR worldwide to enhance access to justice in courts and ADR.  After more than twenty years, ODR’s relevance to our world is at the forefront — proving to be vital to society. This extensive (45 page!) bibliography is…
In what seems like a decade ago (but was only early March), the ever talented Liz Tippett interviewed me for her brilliant Oregon Law Lab (in person!) about Trump’s Art of the Deal.  Spoiler alert:  We conclude that the book should best be read as a handbook for how to deal with lying…  Enjoy!…
The Department of Education today issued the long-awaited rules governing the administration of Title IX in universities and K-12. According to the press release, the “key provisions” of the Department of Education’s new Title IX regulation are: Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of sexProvides a consistent, legally sound framework on which survivors, the accused, and schools can relyRequires schools to offer clear, accessible options for any person to report sexual harassmentEmpowers survivors to make decisions about how a school responds to incidents of sexual harassmentRequires the…