I just finished editing my piece for our symposium on plea bargaining, Cooperating or Caving In: Are Defense Attorneys Shrewd or Exploited in Plea Bargaining Negotiations? and, I must say, I am more and more uncomfortable with what I am saying each time I read it. Let me explain…. In 1999-2000, I did a study … Continue reading Are Defense Attorneys Shrewd or Overwhelmed?
For the past several years, I’ve been mulling through the implications of procedural justice in mediation and other forms of dispute resolution. Procedural justice is, simply enough, the justice of the procedures used to make decisions and resolve disputes. Researchers “discovered” procedural justice in the 1970s, as the American administrative state experimented with ways to … Continue reading The Relationship Between Justice and Status in Dispute Resolution
On November 7, 2007, the Supreme Court will hear arguments in Hall St. Assocs. LLC v. Mattel, Inc. 196 F. App’x (9th Cir. 2006), cert. granted, 127 S.Ct. 2875 (May 29, 2007) (online merits brief at http://www.abanet.org/publiced/preview/briefs/nov07.shtml#hallstreet). This case will finally address whether parties may agree to expand judicial review of arbitration awards. The federal … Continue reading Supreme Court to Hear Arguments in Case Addressing Whether Parties May Agree to Expand Judicial Review of Arbitration Awards
We welcome you to Indisputably, the ADR Law Profs Blog. We are excited to start an online conversation with colleagues in ADR and those who find their fields overlapping with ours. The four of us differ in our backgrounds and ADR focus, and we hope to showcase those differences with running commentary on the latest … Continue reading Welcome to Indisputably.org