My friend, Lisa Renee Pomerantz, a New York lawyer and neutral, wrote an article on consumer arbitration in ACResolution that you might want to check out. It chronicles a history of efforts to regulate and improve consumer arbitration, leading up to the recent study and proposed rules issued by the Consumer Financial Protection Bureau. It … Continue reading Pomerantz and DR Section on Consumer Arbitration
Last week I announced the Divided Community Project housed at OSU’s Moritz College of Law. Today—in the second of three posts—I wanted to share the Project’s first publications. Key Considerations for Community Leaders Facing Civil Unrest: Effective Problem-Solving Strategies That Have Been Used in Other Communities, provides background information and expertise for local community leaders … Continue reading Addressing Community Division and Civil Unrest – Divided Community Project Part 2
In November, John asked “How can we help in major social conflicts, if at all?” I was dying to respond with an idea we’ve been working on here at Moritz, but the Divided Community Project wasn’t quite ready. Today—in the first of a series posts about the project—The Ohio State University Moritz College of Law’s … Continue reading Announcing the Divided Community Project at Moritz – Part 1
Here’s an account of the negotiations leading up to the international climate change agreement. Apparently, there was an accidental change of the word “should” to “shall” in one passage, which almost sunk the deal. A lesson to law students and lawyers everywhere. The story of this extremely complex negotiation really is fascinating, especially following the … Continue reading One Word
As I mentioned in a recent post, the University of St. Thomas Law School held a terrific symposium on November 13, entitled Dispute System Design: Justice, Accountability and Impact. They have posted a video of the symposium as well as powerpoints from most of the presentations. Kudos to Mariana Hernandez Crespo, Heidi Van De Berg, … Continue reading Video and Powerpoints from Fabulous St. Thomas DSD Symposium
I have gotten emails from dispute resolution colleagues asking what we, in Missouri’s dispute resolution center, might do (or might have done) to help manage the conflict at our university more constructively. For years, some folks in our DR community have noted despairingly that we aren’t engaged in major conflicts like the one that has … Continue reading How Can We Help in Major Social Conflicts, if at All?
As you may know, the Institute for the Advancement of the American Legal System (IAALS), is a “national, independent research center dedicated to facilitating continuous improvement and advancing excellence in the American legal system.” It is an impressive, high-powered organization based in the University of Denver. It has four major initiatives: (1) Quality Judges (promoting … Continue reading PEDR is Important for Culture Change in Courts
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
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
I went to Cuba in mid-November 2014 as part of a delegation of the ABA Section of Dispute Resolution to learn about the legal system and dispute resolution there. I am grateful to Bruce Meyerson for organizing and leading this trip. I stayed a few extra days as part of a cultural extension of this … Continue reading Cuba Diaries