Latest from Indisputably - Page 2

A year after the Trump administration came after law firms, the dust has still not settled.  (Just last week, the DOJ both withdrew and then refiled its defense against the law firms that sued the administration for unlawful targeting.)  But it is worth taking a step back and considering what we have already learned about … Continue reading Negotiation Theories for Law Firms…. →
Continue Reading Negotiation Theories for Law Firms….

Here’s a debate about whether generative AI threatens the survival of key civic institutions – followed by a conversation with RPS Coach about these issues that may surprise you. Woodrow Hartzog and Jessica M. Silbey wrote How AI Destroys Institutions.  Here’s the abstract. Civic institutions—the rule of law, universities, and a free press—are the backbone … Continue reading Will AI Destroy Institutions? →
Continue Reading Will AI Destroy Institutions?

In the space of two weeks, the field of dispute resolution lost Robert Baruch Bush, the prophet of the transformative model of mediation, and the world lost Jürgen Habermas, the philosopher whose theory of communication and rationality provides a normative justification for much of dispute resolution—even if few American legal scholars in this field engage … Continue reading On Habermas & Bush: from Andrew Mamo →
Continue Reading On Habermas & Bush: from Andrew Mamo

I learned of Jurgen Habermas’s death at 96 while I was teaching my Negotiation intensive course and my students were engaged in a complex multi-party consensus – building exercise. As we debriefed, I asked if they had heard of Habermas and all said No, despite the fact that many were Political Science majors in college. … Continue reading On Habermas: from Carrie Menkel-Meadow →
Continue Reading On Habermas: from Carrie Menkel-Meadow

This morning, I read the here-linked Guardian story reporting that Jurgen Habermas has died. https://www.theguardian.com/world/2026/mar/15/jurgen-habermas-obituary I know no credible scholars in our field who would accuse Habermas of being easy to read. And I am not the right person to write a thorough, or maybe even thoughtful, examination of the ADR-specific impacts of Habermas’s notions … Continue reading Jurgen Habermas (1929-2026) →
Continue Reading Jurgen Habermas (1929-2026)

On March 9, a program on developing AI literacy in law students was the inaugural session in the AALS–West Academic webinar series. As AI rapidly reshapes legal practice, law schools are experimenting with a wide range of approaches to help students build the skills and judgment they’ll need in an AI-infused profession. Here’s the video … Continue reading Developing AI Literacy in Law Students →
Continue Reading Developing AI Literacy in Law Students

Join us on Friday, March 20, 2026 – in-person or online – for Texas A&M’s annual dispute resolution symposium, “The Future is Now: AI, Dispute Resolution and the Civil Justice System.” Our panels will include: – A Conversation About Engaging Judges and Law Students in Innovating with AI to Serve our Civil Justice System (Hon. … Continue reading The Future is Now: AI, Dispute Resolution and the Civil Justice System →
Continue Reading The Future is Now: AI, Dispute Resolution and the Civil Justice System

Students at Cardozo had the pleasure of hearing from a diverse and impactful group of speakers during their trip to Israel. A common theme among many of the speakers and lecturers concerned the impact of the Israeli judiciary, social institutions, and non-profit organizations in Israeli politics on a national and international stage. Professor Rivka Weill … Continue reading Israel Trip Reflections–Law, Justice & Conflict →
Continue Reading Israel Trip Reflections–Law, Justice & Conflict

Clearly as we watch what is unfolding now, the experiences from October 7th continue to inform Israeli policies and politics.  Here are student reflections on our visits to the Nova site and Kibbutz Nir Oz as well as meetings with hostage Gadi Moses, Professor Jonathan Dekel-Chen, whose son was held hostage, and Dr. Cochav Elkayam-Levy, … Continue reading Conflict Reflections–Trauma and October 7th →
Continue Reading Conflict Reflections–Trauma and October 7th

I am a member of the Board of Resolution Systems Institute (RSI), well-known to many of you for its important work in evaluating and providing research-based tools to help assure the quality of court-connected dispute resolution programs. One of RSI’s newest contributions to our field is a Power Imbalance Toolkit for mediators. The Toolkit (and … Continue reading Supporting Mediators in Eviction Cases: Introducing RSI’s Power Imbalance Toolkit →
Continue Reading Supporting Mediators in Eviction Cases: Introducing RSI’s Power Imbalance Toolkit

As readers of Indisputably know well, I travel with students every other year to Israel to study conflict close up and to learn from those on the ground about their perspective directly.   This year’s trip occurred in January and students wrote reflections last month about what they had seen, learned, and hoped for in the … Continue reading Conflict in the Middle East Reflections →
Continue Reading Conflict in the Middle East Reflections

  The International Institute for Conflict Prevention and Resolution (CPR Institute) has awarded its Annual Outstanding Book Award to Art Hinshaw, Andrea Kupfer Schneider, and Sarah Rudolph Cole for their edited volume Discussions in Dispute Resolution: The Coming of Age (2000–2009) (Oxford University Press, 2025). In accepting the award, Art remarked: “We academics consider this … Continue reading Congratulations to Art, Andrea & Sarah! →
Continue Reading Congratulations to Art, Andrea & Sarah!

Some law professors are banning AI in their courses.  Others are cautiously adding it. At Mitchell Hamline, Gregory Duhl is doing something much more ambitious.  He redesigned his Contracts course by embedding AI throughout the course rather than ignoring it or treating it as a side issue.  Considering Mitchell Hamline’s history of pedagogical innovation, it … Continue reading All In on AI in Law School?  A Thoughtful Experiment Worth Watching →
Continue Reading All In on AI in Law School?  A Thoughtful Experiment Worth Watching

Mediate.com and ODR.com developed a new Substack, Optimizing Mediation, to optimize the growth of online mediation, including integrating the empowering and optimizing qualities of AI. Here’s a summary of one of the first articles they posted. Robert Bergman’s recent article, The Implications of Rapid AI Adoption – Navigating Economic Challenges and Opportunities, offers a sobering … Continue reading AI Adoption Will Create Challenges and Opportunities →
Continue Reading AI Adoption Will Create Challenges and Opportunities