Many dispute resolution practitioners would answer that question with a simple “no.” Until recently, I would have answered the question the same way. When I thought about online dispute resolution (ODR), I thought about specialized online platforms like eBay. ODR seemed like a distinct corner of the dispute resolution field that was completely disconnected from … Continue reading Do You Know That You Use ODR?
Just over 40 years ago, Owen Fiss wrote his famous article Against Settlement, arguing that settlement was bad public policy. While the article has long served as a foil for dispute resolution academics, it is a good read — especially if you disagree with it, as do some of the commenters in the first volume … Continue reading Fiss Was Right – At Least About This One
If you want to learn how you can benefit from RPS Coach, check out the new Mediate.com webpage. RPS Coach is a free AI tool offered as a public service. It is designed to help mediators, attorneys, parties, educators, students, trainees, and ADR program administrators prepare for and participate in negotiation and mediation. It reflects … Continue reading Mediate.com Hosts RPS Coach
Many people fear that artificial intelligence (AI) will undermine human skills, making them less capable of exercising independent judgment. They worry that machines take control and humans lose control. Sometimes that’s exactly what happens. This problem, in my view, is not primarily that AI is too powerful. The problem is that some people don’t recognize … Continue reading Are You Afraid of Becoming a Zombie If You Use AI?
You’re hallucinating if you think AI won’t hallucinate. Reports of fake citations, fabricated quotations, manipulated images, and AI-generated misinformation now appear regularly. Lawyers using generative AI have submitted fictitious cases in court filings and have been sanctioned. These developments understandably alarm legal and dispute resolution professionals. They should. My article, The Surprising Value of AI … Continue reading Could AI Hallucinations Improve Professional Thinking?
I have known Colin Rule for more than twenty years. During that time, I knew that he had done a lot of impressive things in ODR and that he’s a real mensch. What I didn’t appreciate until recently was the extraordinary breadth of his work, the depth of his thinking, and how much he has … Continue reading I Knew Colin Rule Was Impressive. But I Didn’t Know the Half of It.
The State Bar of California has proposed amendments to comments accompanying several Rules of Professional Conduct addressing lawyers’ use of artificial intelligence (AI). The proposed comments do not create new ethical duties. Rather, they elaborate how existing rules apply to lawyers’ use of AI. Although the proposed comments would apply only in California, they make … Continue reading California’s Proposed Ethics Rules Emphasize Duty to Avoid AI Hallucinations
The AALS and West Academic sponsored a great CLE on AI tools for law faculty on April 15. Here’s the description of the program and a link to the video. How can artificial intelligence streamline course preparation, enrich classroom engagement, and support student learning? This webinar brought together experienced legal educators who shared practical strategies … Continue reading AI Tools for Law Faculty
Marc Galanter, a giant in the field of dispute resolution scholarship, passed away on April 14 at the age of 95. Here is an excerpt from the announcement by University of Wisconsin Law School Dean Daniel P. Tokaji (reprinted with permission): As many of you know, Marc was the John and Rylla Bosshard Professor of … Continue reading Marc Galanter
The ABA Dispute Resolution Section, AAA and ACR are exploring potential updates to the Model Standards of Conduct for Mediators (“Model Standards”) (2005). They invite your input to help identify areas that may need clarification, modernization, or further guidance based on today’s mediation practices. Your responses will remain confidential and will directly inform the review … Continue reading Model Standards of Conduct for Mediators (update – survey)
