ADR
Alternative Dispute Resolution pioneer Frank G. Evans III dies at 91
December 1, 2019
Frank G. Evans III, a former chief justice of the 1st Court of Appeals in Houston and often called the “father of alternative dispute resolution,” died November 9, 2019, in Bastrop. Evans served as a justice on the 1st Court of Appeals in Houston from 1973 to 1980 and served as chief justice from 1980 to 1990. During his career, Evans pioneered successful alternative dispute resolution, or ADR, programs in 15 Texas communities. He developed the first appellate settlement conference...
December 1, 2019
Frank G. Evans III, a former chief justice of the 1st Court of Appeals in Houston and often called the “father of alternative dispute resolution,” died November 9, 2019, in Bastrop. Evans served as a justice on the 1st Court of Appeals in Houston from 1973 to 1980 and served as chief justice from 1980 to 1990. During his career, Evans pioneered successful alternative dispute resolution, or ADR, programs in 15 Texas communities. He developed the first appellate settlement conference...
Re-engineering justice? Robot judges, computerised courts and (semi) automated legal decision-making
November 10, 2019
This paper takes a sceptical look at the possibility of advanced computer technology replacing judges. Looking first at the example of alternative dispute resolution, where considerable progress has been made in developing tools to assist parties to come to agreement, attention then shifts to evaluating a number of other algorithmic instruments in a criminal justice context. The possibility of human judges being fully replaced within the courtroom strictu sensu is examined, and the various elements...
November 10, 2019
This paper takes a sceptical look at the possibility of advanced computer technology replacing judges. Looking first at the example of alternative dispute resolution, where considerable progress has been made in developing tools to assist parties to come to agreement, attention then shifts to evaluating a number of other algorithmic instruments in a criminal justice context. The possibility of human judges being fully replaced within the courtroom strictu sensu is examined, and the various elements...
California’s Yolo Superior Court Launches New Online Dispute Resolution Program
November 9, 2019
California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases. The program utilizes Tyler Technologies’ Modria® software and guides parties step-by-step through the small claims process. Parties participating in the ODR program will be required to pay a fee of $25. The plaintiff will be responsible for payment, unless the parties agree to split the cost or the defendant agrees to reimburse the plaintiff.
November 9, 2019
California’s Yolo County Superior Court has launched a new online dispute resolution (ODR) program to resolve debt and money due cases. The program utilizes Tyler Technologies’ Modria® software and guides parties step-by-step through the small claims process. Parties participating in the ODR program will be required to pay a fee of $25. The plaintiff will be responsible for payment, unless the parties agree to split the cost or the defendant agrees to reimburse the plaintiff.
Pouring a Little Psychological Cold Water on ODR (Online Dispute Resolution)
October 28, 2019
This Article examines the strengths and weaknesses of ODR (online dispute resolution) from a psychological perspective. It makes five main points: (1) The phrase ODR is too broad to be useful. This phrase encompasses many different kinds of technology (computer, phone, video, mechanical pencil), many different kinds of dispute resolution (litigation, negotiation, arbitration, mediation), disputes arising in many different contexts (consumer, family, property, tax, employment, etc.), and many...
October 28, 2019
This Article examines the strengths and weaknesses of ODR (online dispute resolution) from a psychological perspective. It makes five main points: (1) The phrase ODR is too broad to be useful. This phrase encompasses many different kinds of technology (computer, phone, video, mechanical pencil), many different kinds of dispute resolution (litigation, negotiation, arbitration, mediation), disputes arising in many different contexts (consumer, family, property, tax, employment, etc.), and many...
Guided Choice Mediation – A Better Way To Settle Disputes
October 21, 2019
Despite training by some of the best mediation educators over the last 20 years, it was only fairly recently that I became aware of the name given to the mediation process known as “Guided Choice.” Championed most notably by Paul M. Lurie, Guided Choice Mediation is really a thoughtful organization and bundling of certain practices that together lead to better mediation results. Without an awareness that these concepts had a name, I had through experience gravitated to many of them in my mediation...
October 21, 2019
Despite training by some of the best mediation educators over the last 20 years, it was only fairly recently that I became aware of the name given to the mediation process known as “Guided Choice.” Championed most notably by Paul M. Lurie, Guided Choice Mediation is really a thoughtful organization and bundling of certain practices that together lead to better mediation results. Without an awareness that these concepts had a name, I had through experience gravitated to many of them in my mediation...
Guided Choice Mediation – A Better Way To Settle Disputes
September 27, 2019
Guided Choice substantially expands the mediator’s role to that of a full partner with both parties in getting to the heart of their dispute and the most efficient route to its resolution. It empowers the mediator to work closely with both parties’ counsel well before any mediation session is scheduled, and to guide the parties along the path to settlement. I recommend the more complete description of Guided Choice and related resources available on the Guided Choice website. The key elements...
September 27, 2019
Guided Choice substantially expands the mediator’s role to that of a full partner with both parties in getting to the heart of their dispute and the most efficient route to its resolution. It empowers the mediator to work closely with both parties’ counsel well before any mediation session is scheduled, and to guide the parties along the path to settlement. I recommend the more complete description of Guided Choice and related resources available on the Guided Choice website. The key elements...
Pouring a Little Psychological Cold Water on ODR
September 19, 2019
Jean R. Sternlight, Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, has published a journal article titled, “Pouring a Little Psychological Cold Water on ODR (Online Dispute Resolution),” Journal of Dispute Resolution, Forthcoming. In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”). Here is the abstract: This Article examines the strengths...
September 19, 2019
Jean R. Sternlight, Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, has published a journal article titled, “Pouring a Little Psychological Cold Water on ODR (Online Dispute Resolution),” Journal of Dispute Resolution, Forthcoming. In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”). Here is the abstract: This Article examines the strengths...
Michigan Supreme Court Launches New Online Dispute Resolution Program, MI-Resolve
August 29, 2019
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool. The program is provided by Matterhorn and is currently available for district courts in 17 Michigan counties to use. During the pilot phase of this program, MI-Resolve is limited to cases alleging that money is owed and is being used in small claims, general civil, landlord-tenant, contract, and neighborhood disputes. The goal of MI-Resolveis to make access to legal resources more efficient and affordable...
August 29, 2019
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool. The program is provided by Matterhorn and is currently available for district courts in 17 Michigan counties to use. During the pilot phase of this program, MI-Resolve is limited to cases alleging that money is owed and is being used in small claims, general civil, landlord-tenant, contract, and neighborhood disputes. The goal of MI-Resolveis to make access to legal resources more efficient and affordable...
An Empirical Study of Dispute Resolution Clauses in International Supply Contracts
July 10, 2019
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation’s law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty...
July 10, 2019
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation’s law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty...
Attorneys Describe the Art of Dispute Resolution at RIMS
July 9, 2019
Sometimes parties in a coverage dispute may want to sit down face to face and come to an agreement. Toward that end, the RIMS conference offered a panel presentation by three attorneys and a risk manager who extolled the virtue of mediation. Giulio Zanolla, an attorney who owns Zanolla Mediation in New York, said the beauty of mediation is the parties involved get to decide exactly what it will involve. They can decide with whom they want to mediate, what issues need to be mediated and how the mediation...
July 9, 2019
Sometimes parties in a coverage dispute may want to sit down face to face and come to an agreement. Toward that end, the RIMS conference offered a panel presentation by three attorneys and a risk manager who extolled the virtue of mediation. Giulio Zanolla, an attorney who owns Zanolla Mediation in New York, said the beauty of mediation is the parties involved get to decide exactly what it will involve. They can decide with whom they want to mediate, what issues need to be mediated and how the mediation...
