Andrea Schneider

Discussions about artificial intelligence (AI) often fall into simple, polarized stories.  AI will bring great prosperity or bring the end of civilization.  It enhances human capabilities or destroys them.  People who use it are innovative – or lazy, dishonest, or intellectually deficient.People in the dispute resolution field should recognize this pattern.  We have a long history of creating simple binary categories and attaching strong value judgments to them.  Consider familiar distinctions between “facilitative” and “evaluative” mediation and “interest-based” and “positional” negotiation.  Real dispute resolution practice is much more complicated and contextual than these traditional dichotomous models suggest.Similarly, some folks in…
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While non-administered or “ad hoc” arbitration is relatively common in the United States, China is just beginning to explore its use. This post explores the issues related to ad hoc arbitration in China.Ad Hoc Arbitration in ChinaWen DaiWhat happens when a legal system built almost entirely around arbitration institutions decides to let some parties arbitrate without one? China is beginning to find out. After three decades in which Mainland arbitration was essentially institutional by design, the 2025 Arbitration Law creates a narrow but significant opening for ad hoc arbitration.The change is small in statutory terms, but it tests a much…
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Another post in our series on arbitration evolution in China. This post explores the question of how far should a system move toward internationally familiar arbitration norms while retaining domestic institutional choices? China’s New Arbitration LawSong Lianbin and Huang YiChina’s first comprehensive rewrite of its Arbitration Law in thirty years changes more than technical rules. It expands party autonomy, gives formal recognition to the arbitral seat and online proceedings, cautiously opens the door to ad hoc arbitration, and broadens the preservation measures available while a dispute is pending.The amended law was adopted on September 12, 2025, and took effect on…
Continue Reading Arbitration in China – How Distinct Should It Be From Existing Norms

Another blog in our series on Chinese arbitration!Can the Arbitrator Also Mediate?Jialin LiMany mediators and arbitrators are trained to keep those roles separate. A mediator may hear confidential information, test weaknesses, and float possible compromises; an arbitrator must decide on the record and remain visibly impartial. China has long been more willing to combine those functions, including allowing the arbitral tribunal itself to mediate a dispute before returning to adjudication if settlement fails.That practice can make Western neutrals uneasy. But its persistence in China is not simply a cultural curiosity. It offers a useful test of a broader ADR question:…
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My colleague, Renee Henson, wrote an important new article, My Negotiation Chatbot Toby and Pedagogical Governance, about a chatbot that she developed for her first-year Lawyering: Problem-Solving and Dispute Resolution course at the University of Missouri Law School.Her article provides a thoughtful analysis of how faculty can use AI to improve legal education.  It also illustrates something broader:  AI can be used in a “centaur” mode in which humans and AI contribute complementary capabilities.  Working together, they can produce better results than either could produce independently while humans retain judgment and responsibility.Meet TobyRenee created Toby to give students practice…
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This weekend, I returned home from the fabulous AALS ADR Section Works in Progress conference at the University of Missouri.  (Not a long trip for me.)As always, I really enjoyed the presentations and conversations with friends and colleagues.  By all accounts, Carli Conklin and Rachel Wechsler did an outstanding job planning and hosting the conference.After I presented my short article, Beyond AI Slop: Preparing Law Students for Responsible Practice in the AI Era, an associate dean asked for my thoughts about developing an AI strategy for her school.  We didn’t have enough time to discuss it, and I thought…
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And here is the next (very timely!) post in our Chinese arbitration series:AI Inside Arbitration InstitutionsGuan YunbiaoMuch of the current discussion about artificial intelligence and dispute resolution focuses on individual users: whether lawyers should use generative AI to draft briefs, whether arbitrators may use it for legal research or award drafting, and what disclosure should be required. Developments in China point to a different question: what happens when AI is incorporated into the arbitration institution itself?Several leading Chinese arbitration centers already are incorporating AI into the infrastructure through which cases are filed, administered, heard, and decided. Their experience offers an…
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Hi everyone!  I’m excited to share that the Kukin Program podcast channel is dropping new episodes every Wednesday. The conversations include insightful discussions, real-world stories, and expert perspectives on the world of dispute resolution and mediation.
On How My Friends Negotiate I interview people at the top of their fields including an Olympian, a former police chief, a best-selling cookbook author and iconic bakery owner, and an Emmy award winning movie producer.   The first guest of season 2 is Indira Lakshmanan, award-winning journalist and host of NPR’s Here & Now.   Yesterday’s episode is with Darryl Davis, known as

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Here is the next installment in our China and ADR Design Series:China’s Arbitration InstitutionsLiu Zihe and Ren ZhongIn much of the world, arbitration is concentrated in a relatively small number of major institutions. China has 285 local arbitration centers. That difference is not simply a matter of scale. It reflects a distinctive approach to dispute-system design: government-supported institutional creation followed by increasing competition, differentiation, and movement toward organizational independence.The growth has been extraordinary. In 1995, 11 Chinese arbitration centers handled 107 cases involving roughly RMB 300 million (approximately US$44.7 million). By 2025, the Ministry of Justice reported 285 centers,…
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Reading this morning’s discussion about AI and legal education on the DR Listserv brought to mind an old debate that many ADR academics will recall.In 1984, James J. White published his well-known review of Getting to Yes, titled The Pros and Cons of Getting to YES, in the Journal of Legal Education. My recollection is that White argued, among other things, that the Getting to Yes framework did not fully capture how negotiation often operates in the real world. Roger Fisher’s response, as I recall, was more about advocating for how the world should be.What has always struck me…
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AI slop is coming to a legal system near you.  Actually, it probably already has.Lawyers increasingly encounter AI-generated material from clients, counterpart attorneys, self-represented parties, experts, and others.Some of it is excellent.Some is slop.  Here’s a technical illustration.Like it or not, your graduates are likely to deal with AI – including AI slop – from now on.What Should Law Schools Do?I just posted a short article on SSRN, Beyond AI Slop: Preparing Law Students for Responsible Practice in the AI Era, which argues that law schools should prepare students for three aspects of practice that are becoming increasingly important.Students…
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Indisputably is proud to host a new series of weekly posts on developments and innovations in arbitration in China. The brainchild of Richard Bales (ONU), these posts raise questions not only for arbitration, but for our broader ADR community.China and ADR DesignRichard BalesMany of the most interesting developments in Chinese arbitration concern questions familiar to mediators and other ADR professionals: when neutrals should facilitate settlement, how technology should be integrated into dispute resolution, how institutions should balance efficiency and party autonomy, and whether dispute systems should be designed differently for different legal cultures. China is a particularly useful…
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Remember when parties developed unrealistic expectations all by themselves?  Now they have AI to help.These days, mediators may have to work through expectations that have hardened around an AI-generated assessment.  Lawyers may have to explain why the AI analysis is wrong, incomplete, or wildly overconfident.  And imagine the client’s surprise when the other side may get to read their AI chats – embarrassing information and all.The problem of AI slop is bigger than just hallucinated cases.  People can use AI in ways that omit inconvenient facts, reinforce dubious assumptions, and expose confidential information.When unreliable AI-generated material enters a dispute, the…
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Many of you know our colleague Ava Abramowitz, long time mediation expert and professor at GW.  Ava is still teaching us–and this time about a new subject.  As she wrote to me to share with our community “if Alzheimer’s runs in your family, you will want to read this piece by Ava Abramowitz who has early onset Alzheimer’s symptoms. As she has learned and as she writes, the disease may not be curable, but, if you catch it early enough, it may be slow down-able, sufficiently to live comfortably with it.  Her bottom line? Get tested.”  Ava’s full post on…
Continue Reading Still teaching and advocating–now about Alzheimers

Remember when we thought ADR law prof hiring would pick up once the NextGen Bar started being administered? Ah, the good old days of . . . 3 years ago.Over at PrawfsBlawg, Sarah Lawsky, who has been tracking entry-level law professor hiring for years, posted about what schools were looking for this hiring cycle:Hiring Committee Topics of Interest, 2026–27With the NextGen Bar having been administered for the first time this past summer, ADR ended up on the list for only five schools. Out of nearly 200 law schools, that’s about 2.5%.So . . . not exactly the…
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When mediate.com recently created this homepage for RPS Coach, it seemed like a good time to reflect on my amazing journey with this bot – and others’ too.I invited people to submit testimonials describing their experiences using RPS Coach, which are posted on the website.  Their responses prompted me to think about the last 18 months of experimenting with AI and collaborating with Coach.It was not part of a grand plan.  I attended a presentation by Susan Guthrie about using AI in mediation and, at the end of the program, people talked informally about using AI to write. …
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