Early mediation is a waste of time. This was a refrain I heard several months ago at a meeting of lawyers representing large corporations. Indeed, attempts to settle cases early in litigation are wasteful — if the lawyers haven’t properly prepared and planned the process. (References to lawyers in this post generally include the parties.) … Continue reading Planning is Critically Important for Early Dispute Resolution
In her post this week, Jean Sternlight argues that the logic of the Supreme Court’s recent decision in Wellness Int’l Network v. Sharif casts doubt on the constitutionality of private mandatory arbitration, at least as applied to consumers and employees. She challenges the insistence by the Court’s pro-arbitration Justices that arbitration does not implicate constitutional rights ecause arbitrators … Continue reading Another View of the Arbitration Cathedral–Further Thoughts on Sharif
A short piece in the New York Times by Harvard economists and Yale psychologists has a suggestion that may surprise you – or maybe not – about people’s motivation to cooperate. The authors focus on the “tragedy of the commons” which is the situation “where individuals acting independently and rationally according to each’s self-interest behave … Continue reading Why Cooperate?
The Center for the Study of Dispute Resolution at the University of Missouri School of Law announced the winners of a law student writing competition held in conjunction with the Missouri Law Review symposium entitled “Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson.” Professor S.I. Strong organized the competition, which asked … Continue reading Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri
Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts. She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes
As I just sent to our listserve as well, I am advising a committee for our state bar about the role of lawyer-mediators in drafting marital settlement agreements. The committee has already reached a consensus that it would like to permit mediators to draft mediation settlement agreements in family law cases. The key question for … Continue reading Lawyer Mediator Drafting of Agreements
The ABA Section of Dispute Resolution is seeking a law student intern for the Summer 2015. Section interns focus on alternative dispute resolution (ADR) research under supervision of an attorney. Duties may include: Researching emerging critical issues Conducting needs assessment and systems design for dispute resolution processes Research the use of ADR in institutions such as … Continue reading ABA Section of Dispute Resolution Seeking Law School Intern
My colleague, S.I. Strong, is coordinating a student writing competition about the events in Ferguson as follows: The University of Missouri is sponsoring a student writing competition analyzing the events in Ferguson (and elsewhere) from a dispute resolution / conflicts resolution perspective, as described on the competition website. The deadline is relatively soon — February … Continue reading Student Writing Competition About Ferguson and Related Events