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Linking Dispute Resolution Scholarship, Education, and Practice
Updated: 1 week 4 days ago

Symposium / Conference on Comparative Law and International Dispute Resolution at Missouri, Oct. 17-19

Wed, 2019-09-04 09:03
From my colleague, S.I. Strong: In about six weeks’ time (Oct. 17-19), the University of Missouri will host the American Society of Comparative Law’s Annual Meeting.  The theme of the meeting is “Comparative Law and International Dispute Resolution Processes,” and panelists will be addressing a variety of DR mechanisms in cross-border contexts.   In addition to … Continue reading Symposium / Conference on Comparative Law and International Dispute Resolution at Missouri, Oct. 17-19 →

Lainey Feingold to Deliver OSU’s 2019 Lawrence Lecture

Tue, 2019-09-03 11:27
On Tuesday September 10, 2019, Lainey Feingold will deliver The Ohio State University Moritz College of Law’s 2019 Lawrence Lecture on Dispute Resolution: Forget the Shark and be a Dolphin: Advancing client rights and interests with collaborative negotiating tools. Here is the description from OSU’s website. Lainey will share the tools and strategies that have … Continue reading Lainey Feingold to Deliver OSU’s 2019 Lawrence Lecture →

Gender & Negotiation: What if the question(s) were wrong?

Sun, 2019-09-01 11:48
That’s essentially the provocative, and ultimately persuasive, message from Andrea Schneider’s latest article: What’s Sex Got to Do With it: Questioning Research on Gender & Negotiation Nevada Law Journal, Vol. 19, No. 3, 2019 available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3433926 Central to her thesis is the (in my view correct) observation that most research on negotiation and gender … Continue reading Gender & Negotiation: What if the question(s) were wrong? →

Would You Like to Write a Book – and Support the ABA?

Thu, 2019-08-29 10:06
Consider the benefits of writing a book.  Of course, there may be benefits to you personally, such as enhancing your reputation and advancing your career.  By writing a book, you have the opportunity to share your ideas with a larger and wider range of readers than with law review articles. There also are potential benefits … Continue reading Would You Like to Write a Book – and Support the ABA? →

Reputation Matters – the Real World Edition

Tue, 2019-08-27 11:09
As you are likely aware, the US and China are embroiled in a trade war levying tariffs on an assortment of goods that travel between the two countries.  Today Bloomberg reports that one of the major barriers to resolving this agreement is President’s Trump’s reputation. After a weekend of confusing signals, Trump’s credibility has become … Continue reading Reputation Matters – the Real World Edition →

Contributions to the Theory-of-Change Symposium

Wed, 2019-08-21 15:49
I am thrilled that so many people already have expressed interest in participating in the Theory-of-Change Symposium described in recent posts.  So far, 26 people said that they will write a piece and 10 more people are considering doing so.  I expect that others will participate as well. These include faculty, practitioners, directors of mediation … Continue reading Contributions to the Theory-of-Change Symposium →

Comings, Goings, and Other Milestones – 2019 edition

Wed, 2019-08-21 11:52
Every year I do my best to keep track of faculty moves and the like and post them here to spread the news.  We’re light on moves again this year, but we have several interesting interim appointments.  As I say every year, it’s entirely possible that I’m missing something that should be on the list.  … Continue reading Comings, Goings, and Other Milestones – 2019 edition →

Identifying Questions for the Future of the Field

Mon, 2019-08-19 16:01
Steve Goldberg, Nancy Rogers, and I recently finished the Seventh Edition of Dispute Resolution: Negotiation, Mediation, Arbitration and Other Processes. In the course of our revision, we identified several questions that we thought may have significance in the dispute resolution field. Please take a look and, if you are inspired to write a response, please … Continue reading Identifying Questions for the Future of the Field →

Invitation to Participate in the Theory-of-Change Blog Symposium

Wed, 2019-08-14 21:20
I invite you to participate in Theory-of-Change blog symposium. I recently posted pieces listing various goals that people in our community have had, strategies that some have used, and reflections on the process of considering these issues for our field. I invited academics, practitioners, administrators, and researchers, among others, in the US and other countries … Continue reading Invitation to Participate in the Theory-of-Change Blog Symposium →

Reflections on Our Field and Possibilities for Improvement

Wed, 2019-08-14 21:20
This week, I posted pieces listing various goals that people in our community have had, strategies that some have used, and guidance about writing pieces for the symposium. I was inspired to write the posts after this summer’s Past-and-Future conference.  In two full days at the conference with an amazing cast of presenters, we could … Continue reading Reflections on Our Field and Possibilities for Improvement →

Annual Securities Dispute Resolution Triathlon

Wed, 2019-08-14 16:08
From EFOI Elayne Greenberg: The Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law and the Financial Industry Regulatory Authority (FINRA) invite you to participate in the eleventh annual Securities Dispute Resolution Triathlon, a competition of competence in the dispute resolution field. The Triathlon is the first and only competition to include negotiation, … Continue reading Annual Securities Dispute Resolution Triathlon →

What’s Your Theory of Change for Dispute Resolution? – Part 2

Tue, 2019-08-13 20:40
Part 1 of this series provided a long list of goals of people in our community.  This post provides a non-exhaustive list of some of the many strategies that we have used to advance these goals.  In developing realistic theories of change, it is important to consider contextual factors that may affect one’s efforts.  This … Continue reading What’s Your Theory of Change for Dispute Resolution? – Part 2 →

Long-Term Healthcare Arbitration Update

Tue, 2019-08-13 08:27
Last week, the Centers for Medicare & Medicaid Services (CMS) finalized a revised rule (the 2019 Final Rule) removing the prohibition in the 2016 Rule on pre-dispute arbitration agreements for long-term healthcare facilities but keeping provisions from the 2016 rule “banning facilities from requiring that residents sign arbitration agreements as a condition of admission to … Continue reading Long-Term Healthcare Arbitration Update →

What’s Your Theory of Change for Dispute Resolution? – Part 1

Mon, 2019-08-12 18:51
Isn’t there a better way? Those words of former Chief Justice Warren Burger reflect the aspirations of our community for innovation and improvement of traditional processes of dispute resolution.  Although he was not generally lauded for his jurisprudence, people in our field remember his early support for our ideas.  In a 1982 speech to the … Continue reading What’s Your Theory of Change for Dispute Resolution? – Part 1 →

Infect a Colleague Today – and Next Year and the Year After That!

Sun, 2019-08-11 17:21
Alert readers know that I am worried about the future of DR in US law schools.  There is a large cohort of senior law school faculty who are aging toward retirement with limited prospects of replacement with new faculty. It would be nice if, in the next 10-20 years, we could expect that law schools … Continue reading Infect a Colleague Today – and Next Year and the Year After That! →

Using Dispute Resolution Skills to Teach Current Events

Sat, 2019-08-10 15:11
From AFFOI Rishi Batra: On Monday, July 29th, several law professors from around the country who teach alternative dispute resolution met at the Southeastern Association of Law Schools (SEALS) conference in Boca Raton, FL for a wide-ranging discussion entitled “Using Dispute Resolution Skills to Teach Current Events.”  Among those present were Cynthia Alkon (Texas A&M), … Continue reading Using Dispute Resolution Skills to Teach Current Events →

The Future is Calling. Don’t Hang It Up Yet!

Fri, 2019-08-09 15:49
This post is by Rebekah Gordon, Northwestern School of Law, Class of 2020, with her reflections on the Past-and-Future conference. I will never forget my first experience in my mediation course.  It all clicked for me.  I found a class that allowed me to stretch my communication muscles in a legal context that wasn’t moot … Continue reading The Future is Calling. Don’t Hang It Up Yet! →

Appreciating Our Legacy in Two Ways

Fri, 2019-08-09 15:48
This post is by Andrew Mamo, a lecturer and clinical instructor at Harvard Law School with his reflections about the Past-and-Future conference. My thanks to the organizers and participants at the “Appreciating our Legacy and Engaging the Future” conference.  It was a tremendous gathering of so many individuals in our field — from those who … Continue reading Appreciating Our Legacy in Two Ways →

Donald Trump Loves Arbitration

Fri, 2019-08-09 15:47
BuzzFeed published a long article detailing Donald Trump’s long history of using arbitration clauses to keep his disputes secret.  Not surprising.  Of course, he’s not alone.  [Click the title of this post to get the link to the article.]

Trigger Warnings Needed Here? (Updated 8/9/19)

Fri, 2019-08-09 11:21
At the ABA Meeting the team of Deb Eisenberg, Carol Izumi, Lydia Nussbaum, and Ellen Waldman put together a great program on trigger warnings as a part of the Legal Educators’ Colloquium.  After hearing their discussion of students having difficulties coping with some of the issue brought up during in simulations, I was a bit … Continue reading Trigger Warnings Needed Here? (Updated 8/9/19) →