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Linking Dispute Resolution Scholarship, Education, and Practice
Updated: 3 hours 53 min ago

More Covid PIEs and the Alice-in-Wonderland Supreme Court Decision Endangering Workers

Sun, 2022-01-16 22:22
This is a sequel to my post last week, My Covid Perceived Injurious Experiences (PIE).  It describes more PIEs and critiques the Supreme Court’s ghastly decision blocking implementation of the OSHA regulation protecting employees of large employers. I wanted to publish my post last week to express perspectives that a lot of people share and … Continue reading More Covid PIEs and the Alice-in-Wonderland Supreme Court Decision Endangering Workers →

The Neutrality Trap

Fri, 2022-01-14 11:22
Bernie Mayer and Jacqueline N. Font-Guzmán wrote a new book, The Neutrality Trap: Disrupting and Connecting for Social Change.  Here’s an excerpt from the flyer: The message at the heart of The Neutrality Trap is that the wisest and ultimately most effective way to deal with our most profound problems is to avoid the lure … Continue reading The Neutrality Trap →

My Covid Perceived Injurious Experiences

Sun, 2022-01-09 19:49
I got covid.  So did my wife, Ann. Our daughter and son-in-law stayed with us for the week leading up to Christmas, and they spent some time with his family.  We assume that we got it from them and they got it from his family. Throughout the pandemic, Ann and I have been very cautious.  … Continue reading My Covid Perceived Injurious Experiences →

Using Stone Soup

Wed, 2022-01-05 18:50
Out of the blue, I got an email from Peter Phillips saying, “John, just a note to report how much fun Stone Soup is.  On Week 11 of a 14-week course, the students are so literate in observing and reporting on principles from the classroom that they can now recognize in real life.  It makes … Continue reading Using Stone Soup →

ADR Scholarship Projects (Winter 2021-22)

Thu, 2021-12-30 08:54
Thanks to BFOI Peter Reilly (Texas A&M) for gathering this winter’s compilation of current ADR scholarship projects: Kelly Browe-Olson (University of Arkansas Little Rock William H. Bowen School of Law) In progress: Family Dispute Resolution Handbook, co-edited with Peter Salem for Oxford University Press, Including Intimate Partner Violence and FDR, co-written with Nancy Ver Steegh … Continue reading ADR Scholarship Projects (Winter 2021-22) →

Short Pieces You Might Want to Read

Sun, 2021-12-26 18:46
Peter Reilly’s call for updates on our scholarship prompted me to create the following lists of short articles and blog posts I wrote this year.  You might want to read some or see if any would fit into your syllabi as required or recommended readings addressing your teaching goals. The following pieces focus directly on … Continue reading Short Pieces You Might Want to Read →

Wanted: Public Officials with Emotional Intelligence

Mon, 2021-12-20 17:17
It was front-page news in the New York Times that NYC Mayor-elect Eric Adams said that emotional intelligence is his “No. 1 criteria” for selecting top officials in his administration.  He decided that top administration officials must be filled by the “emotionally intelligent,” deliberately downplaying more commonplace credentials, like academic achievement and government experience. … … Continue reading Wanted: Public Officials with Emotional Intelligence →

Call for Nominations for 2022 Dispute Resolution Advancement Award

Thu, 2021-12-16 18:33
From Elayne Greenberg: About the Dispute Resolution Advancement Award Given annually through the Hugh L. Carey Center for Dispute Resolution at St. John’s Law, this $5000 Award honors scholars and practitioners whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution. Nomination Criteria You are invited to … Continue reading Call for Nominations for 2022 Dispute Resolution Advancement Award →

Another Supreme Court Cert Grant

Thu, 2021-12-16 13:09
From FOI Imre Szalai: Yesterday, the Supreme Court added yet another arbitration case to its docket, Viking River Cruises v. Moriana, No. 20-1573, which deals with the clash between the FAA and California’s Private Attorney General Act (PAGA).  Under PAGA, California courts have allowed workers to pursue representative claims in court against employers on behalf … Continue reading Another Supreme Court Cert Grant →

Supreme Court Grants Cert in Three Arbitration-Related Cases

Mon, 2021-12-13 09:47
FOI Imre Szalai (Loyola- New Orleans) sent an email around on the DLRE Listserv this past Friday and, with his permission, I am posting it here for readers of the blog: Hi everyone, The big news out of the Supreme Court today involved the Texas abortion ban, but the Court also added some new arbitration … Continue reading Supreme Court Grants Cert in Three Arbitration-Related Cases →

What I’m Reading – Changing Minds

Sun, 2021-12-12 19:56
To resolve a dispute, one or more people need to change their minds.  Negotiation and mediation involve techniques to help people do just that. Obviously, this can be very difficult.  People have reasons for their positions and they may not change them easily. This post focuses on two approaches for changing minds, which are highlighted … Continue reading What I’m Reading – Changing Minds →

What I’m Reading – High-Powered Lawyers Protecting a Ruthless Drug-Dealing Mob

Wed, 2021-12-08 20:50
People in every demographic group and every part of the country became hooked on powerful drugs.  Many lost their jobs, savings, homes, and families and they became ensnared in the criminal justice system.  Hundreds of thousands died from drug overdoses.  Communities were decimated. The drug pushers were protected by high-powered lawyers like Mary Jo White, … Continue reading What I’m Reading – High-Powered Lawyers Protecting a Ruthless Drug-Dealing Mob →

What I’m Reading – What We’ve Got Here is Failure to Communicate

Tue, 2021-11-30 20:28
It’s a damn miracle that people ever understand each other. A recent episode of the This American Life podcast provides ample illustration.  Entitled, What We’ve Got Here is Failure to Communicate, the podcast tells several, mostly discouraging, stories.  (Click here for the source of this phrase.) One story describes special challenges due to the covid … Continue reading What I’m Reading – What We’ve Got Here is Failure to Communicate →

Simulations Based on Actual Cases – Why Reinvent the Wheel?

Mon, 2021-11-29 20:29
From Debra Berman: I know there have been many discussions over the years regarding how to effectively use simulations in negotiation and mediation classes.  After reflecting on my semester, I’d like to take this opportunity to reopen the conversation and provide you with my perspective. This year, I decided to substantially change how I utilize … Continue reading Simulations Based on Actual Cases – Why Reinvent the Wheel? →

DR Professor Meet-Up Thursday, Dec. 2 at 1 EST

Mon, 2021-11-29 20:11
From Debra Berman: Dear colleagues, I hope you all had a wonderful holiday.  As we get back into the swing of things, I’d like to take this opportunity to remind you about an event this week.  Please join the ABA Legal Education in Dispute Resolution (LEDR) Committee for its inaugural DR professor virtual meet-up this … Continue reading DR Professor Meet-Up Thursday, Dec. 2 at 1 EST →

How Mediators Can Solve Tough Problems in Mediation

Sun, 2021-11-28 21:19
In a recent presentation to mediators in Michigan, I asked the audience to describe what was frustrating in their mediations.  They often struggle when lawyers and parties are not prepared when they go to mediation, have unrealistic expectations, and act very emotionally. Their reactions prompted me to write this short article in the Michigan Dispute … Continue reading How Mediators Can Solve Tough Problems in Mediation →

The City of St. Louis’ Lawsuit Against the NFL Resolves in Mediation

Wed, 2021-11-24 10:46
In the biggest civil case you haven’t heard much about, the City of St. Louis (along with other public entities) and the NFL settled the litigation surrounding the Rams’ move to Los Angeles.  The case settled for $790 million, but the NFL was reportedly readying itself to pay up to $1 billion and maybe even … Continue reading The City of St. Louis’ Lawsuit Against the NFL Resolves in Mediation →

OSU seeks staff attorney for DCP and Mediation Clinic

Tue, 2021-11-23 14:30
The OSU Moritz College of Law and the Divided Community Project seek a staff attorney to supervise students in OSU’s longstanding mediation clinic and support a collaborative, interdisciplinary project focused on race equity initiatives. We hope to fill this position before the new year. If you know of interested candidates who have two to five … Continue reading OSU seeks staff attorney for DCP and Mediation Clinic →

Mixed Mode Dispute Resolution Papers featured at Fordham Conference

Mon, 2021-11-22 10:27
Posted on behalf of BFOI Jacqueline Nolan-Haley (Fordham): At the 16th Annual Fordham Conference on International Arbitration and Mediation held on November 19, 2021, the International Task Force on Mixed Mode Dispute Resolution launched the initial set of final papers by the seven working groups. The Task Force which began in 2004 responds to the … Continue reading Mixed Mode Dispute Resolution Papers featured at Fordham Conference →

Arbitration Training Institute and Arbitration Practice Program – June 1-3, 2022

Wed, 2021-11-17 15:23
From Harrie Samaras: The ABA Section of Dispute Resolution will hold its 15th Annual Arbitration Training Institute and Inaugural Arbitration Practice Program on June 1-3, 2022. It will in person at Loyola University Chicago School of Law. This two-day comprehensive training in advanced arbitration skills will be presented by nationally recognized experts. It will feature … Continue reading Arbitration Training Institute and Arbitration Practice Program – June 1-3, 2022 →