ADR

From FPOI Peter Philips: We are pleased to announce the third series of this popular event. Every other Wednesday, New York Law School hosts informal discussions with leaders in the fields of conflict avoidance, management, and resolution. All sessions are free and will be held via Zoom. Please note the varying times of each program. Wang Fang, Deputy Secretary General, Mediation Center of the China Council for Promotion of International Trade. Wang Fang will share her insights on business mediation in China and, as past Secretary General of the Asian Mediation Association, the region. She will address cultural and legal…
I have had some wonderful conversations in my LIRA book tour and made videos of some of them. Considering the challenges of synchronous instruction these days, faculty may want to assign some of these videos as asynchronous “guest lectures” and/or make-up assignments if students or faculty have to miss some classes. Here’s a list of videos that I added after posting the original collection. Negotiation Models and Component Variables.  This is a conversation with Michaela Keet about three “models” of negotiation (counteroffer, interest-and-option, and norm-based processes).  More importantly, it focuses on component variables of the models including the parties’…
This is a joint message from Nancy Welsh and myself: We at Texas A&M Law have some news to report that is both happy and sad. Let’s start with the sad part.  Our wonderful colleague and friend, Michael Z. Green, is going to be leaving us in Fall 2021 to join Chicago-Kent College of Law as professor of law.  We are very sorry to lose him, and for so many reasons – his wisdom, his humor, his energy, his intelligence, and his friendship.  We could go on. Now the good news.  This is a wonderful move for Michael.  Although he…
Since the COVID-19 pandemic began, FINRA Dispute Resolution Services (along with all other arbitration services providers) has had to wrangle with the difficult issue of what to do about arbitration hearings that are supposed to be in person. First, in mid-March when the country first shut down, FINRA administratively postponed all hearings until May 1 (with all other case-related deadlines remaining in place). Then, in late April, FINRA postponed hearings until July 3, unless the parties stipulated to proceed telephonically or by Zoom or the panel ordered hearings to take place telephonically or by Zoom.  In late June, FINRA postponed…
One of the joys of being a teacher is seeing former students take what we have taught and then thrive in their work. We see it in all our newsletters trumpeting the achievements of our students and graduates. I mention this because my school just posted profiles of LLM graduates I taught:  Cynthia Alkon, Brian Jarrett, and Paula Young.  All three have developed impressive academic careers, producing their own ripple effects with their students. Obviously, our students who become practitioners or pursue other careers also produce benefits from our teaching.  And, regardless of any employment they may…
From BFOI Linda Seely on behalf of Kanika S. Singh, ABA Dispute Resolution Section Student Liaison: Here are some upcoming events to let your students know about (and consider attending yourself): (1) Campus Events / Visits: Please take advantage of your ABA DR section resources such as your student liaison (me), staff, and section volunteers!! In my role as the Section’s Law Student liaison, I recently did a virtual ‘fly-in’ to Peter Halprin’s International Arbitration class at The Benjamin N. Cardozo School of Law. This was a 30-45 second plug for students to join the ABA as members, spotlight the section,…
From SFOI Sheila Purcell Dear Colleagues, We hope this finds you well at this unusual time. I write from (smoky!) Northern California to invite you to: New Frontiers in ADR A virtual “lunch and learn” Speaker Series! Mark your calendar and register for these two, free events, which will take place at noon Pacific, 1 Mountain, 2 Central, and 3 Eastern Time. OCTOBER 7: GRANDE LUM WORKING ON COMMUNITY-WIDE RECONCILIATION Meet the co-author of “America’s Peacemakers”, Grande Lum, Provost of Menlo College and former Director of CNDR. This book tells the story of a federal agency within the Department of Justice…
From TFOI Elayne Greenberg: The Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law invites you to a virtual program celebrating: 2020 Mangano Dispute Resolution Advancement Award Recipients: University of Illinois College of Law Professors Verity Winship and Jennifer K. Robbennolt. Professors Winship and Robbennolt will present their award-winning research reported in “An Empirical Study of Admissions in SEC Settlements” and discuss its broader policy implications for accountability, settlement, and the rule of law. Date Monday, September 21, 2020 Time 2-3 p.m. EST Location WebEx Moderator Elayne E. Greenberg, Assistant Dean for…
On Tuesday September 22, 2020 (beginning at 12:10 eastern), Alyson Carrel will deliver The Ohio State University Moritz College of Law’s 2020 Lawrence Lecture on Dispute Resolution: “Reimagining Negotiation for the 21st Century.” Here is the description from OSU’s website. The current pandemics have forced the ADR field (and the world) to embrace the growing role of technology and reckon with the continuing racism plaguing our society. It is at this moment that we must reflect on the history of the dispute resolution field and recognize opportunities to harness our newfound comfort with technology to address often ignored or…
From FFOI Susan Yates about the latest resource from the invaluable Resolution Systems Institute (RSI): As the pandemic wears on, courts have been transitioning services online and exploring how ADR and ODR can aid their communities in new ways.  Given the challenging nature of the situation, I am pleased to share a newly completed resource from RSI that can help. RSI’s entire Guide to Program Success is now available both online and for individual download.  Together, RSI’s Director of Research Jennifer Shack and I wrote this step-by-step guide on how to design, manage and evaluate a court ADR program.  Each…
From friend of the blog, Alexandra Crampton, a notice that the Family Court Review is doing a special issue on Covid-19. Family Law Disruption and Response during the Covid-19 Pandemic: Viral Lessons for Research, Policy, and Practice Family law systems were already overwhelmed when the Covid-19 pandemic erupted. Through varied policy and public health responses, the family law system, alongside families served, have had to adjust to emergency orders not only in response to health but also economic disruption. This has brought risk and opportunity as professionals adjust services, address new sources of parental conflict over interplays of work, children,…
From BFOI Kristen Blankley: The State of Nebraska adopted Standards of Practice for Restorative Justice Facilitators (“Nebraska RJ Standards”), which can be found here. Kristen Blankley (University of Nebraska) chaired the committee responsible for drafting the standards, and committee involved stakeholders from across the state, including Dan Bechtol (Executive Director, Concord Mediation Center), Monica Miles-Steffens (Director of Placement-Court Services, Nebraska Probation), Anne Hobbs (Director, Juvenile Justice Institute at University of Nebraska Omaha), Jessica Laughlin (Deputy County Attorney, Scottsbluff, Nebraska), and Elizabeth Troyer-Miller (Mediator/Facilitator, Central Mediation Center). The Nebraska RJ Standards are modeled off of the Colorado Restorative Justice Standards…
I just became a guest writer for the Kluwer Mediation Blog, which features academics and practitioners from around the world.  I want to cross-pollinate Indisputably and KMB by encouraging subscribers of each blog to subscribe to the other.  I hope to stimulate conversations between our communities. My first KMB post is The Evolution To Planned Early Multi-Stage Mediation.  It discusses problems with the pressure to complete mediations in a single day, shifts to mediation by video because of the coronavirus, and an evolution toward the use of multi-stage mediations.  This piece includes links to posts by practitioners who…
Everyone knows that a bottom line in a lawsuit is an immutable “line in the sand” that is accurately reported to mediators and counterparts as the least that a plaintiff would accept or most that a defendant would pay. Not really.  During the life cycle of a case, lawyers start with vague and tentative bottom lines, and they develop more precise and confident bottom lines as the case progresses.  People typically are not candid with others – and sometimes even with themselves – about their real walkaway point (or “trip wire”) for ending negotiations.  Indeed, “bottom line” claims are standard…
This week, there was another shooting of an unarmed Black man by police, this time in Kenosha, Wisconsin. So it’s very timely to read an article co-authored by MFOI Ava Abramowitz an article in Lawfare, Measurement Matters: The Key to Police Reform.  The authors take a dispute system design approach to analyzing the problems, focusing on the importance of developing good data to monitor situations and provide the basis for policies to improve them.  They write: Police departments, their officers, and the citizens they serve need performance measurement systems that reflect today’s values, reward citizen service as well as…