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ADR
Equal Access to Information & Justice Online Dispute Resolution
December 31, 2016
Online dispute resolution ('ODR') refers to the use of technology to support the settlement of civil and commercial disputes. Platforms began appearing two decades ago offering a plethora of online processes for various types of disputes. ODR has grown exponentially and offers unique features for handling millions of disputes annually and has the potential to significantly increase access to justice across all legal jurisdictions. In previous ODR Conferences it was noted that ODR can really help...
December 31, 2016
Online dispute resolution ('ODR') refers to the use of technology to support the settlement of civil and commercial disputes. Platforms began appearing two decades ago offering a plethora of online processes for various types of disputes. ODR has grown exponentially and offers unique features for handling millions of disputes annually and has the potential to significantly increase access to justice across all legal jurisdictions. In previous ODR Conferences it was noted that ODR can really help...
At the Nexus of Big Data and Dispute Resolution: A Case Study on Conflict-Related Search Data
December 22, 2016
This paper presents findings from an ongoing project that has analysed over 225 million annual online conflict-related search queries to better understand the scope and scale of conflict in America. The frequency, location, sentimentality and timing of 52,203 unique conflict search terms were monitored for every US county. Analysis has revealed the public’s collective interests and conflict intensities within 225 distinct conflict contexts, many of which have cyclical trends that can inform resource...
December 22, 2016
This paper presents findings from an ongoing project that has analysed over 225 million annual online conflict-related search queries to better understand the scope and scale of conflict in America. The frequency, location, sentimentality and timing of 52,203 unique conflict search terms were monitored for every US county. Analysis has revealed the public’s collective interests and conflict intensities within 225 distinct conflict contexts, many of which have cyclical trends that can inform resource...
NYSBA/ACCTM National Championship ($10K Prize) Alternative Dispute Resolution Law Student Writing Competition
December 11, 2016
The Dispute Resolution Section of the New York State Bar Association and the American College of Civil Trial Mediators are proud to announce the inauguration of the NYSBA/ACCTM National Championship Alternative Dispute Resolution Law Student Writing Competition. A $10,000 cash prize will be awarded to the winning submittal as judged by the Editorial Board of the ACCTM American Journal of Mediation along with select Fellows of the College and members of the NYSBA Dispute Resolution Section. Winning...
December 11, 2016
The Dispute Resolution Section of the New York State Bar Association and the American College of Civil Trial Mediators are proud to announce the inauguration of the NYSBA/ACCTM National Championship Alternative Dispute Resolution Law Student Writing Competition. A $10,000 cash prize will be awarded to the winning submittal as judged by the Editorial Board of the ACCTM American Journal of Mediation along with select Fellows of the College and members of the NYSBA Dispute Resolution Section. Winning...
Study Investigates Public–Private Partnership Disputes
October 24, 2016
Highlights This study investigates public–private partnership disputes and their critical influential factors. ...
October 24, 2016
Highlights This study investigates public–private partnership disputes and their critical influential factors. ...
No Sheriff in Town: Governance for the ODR Field
October 21, 2016
Noam Ebner, Professor of Negotiation and Conflict Resolution and Online Program Chair for the Werner Institute at Creighton University School of Law, and Professor John Zeleznikow of Victoria University have published “No Sheriff in Town: Governance for the ODR Field,” Negotiation Journal, Vol. 32(4), 2016. In their journal article, Professors Ebner and Zeleznikow pose questions regarding how best to govern the field of online alternative dispute resolution. Here is the abstract: Online...
October 21, 2016
Noam Ebner, Professor of Negotiation and Conflict Resolution and Online Program Chair for the Werner Institute at Creighton University School of Law, and Professor John Zeleznikow of Victoria University have published “No Sheriff in Town: Governance for the ODR Field,” Negotiation Journal, Vol. 32(4), 2016. In their journal article, Professors Ebner and Zeleznikow pose questions regarding how best to govern the field of online alternative dispute resolution. Here is the abstract: Online...
E-Negotiation: the Next Media for Reaching a Deal?
October 19, 2016
As technology advances so do our options to communicate. Before there were written languages we negotiated verbally around the campfire. Now we can negotiate via Skype, texts, emails or instant messaging. How does using different media to communicate impact negotiations? Like all things academic, opinions vary. A recent study published in the journal Computers in Human Behavior looked at the difference in electronically mediated negotiation (or e-negotiation) compared to face-to-face negotiations. ...
October 19, 2016
As technology advances so do our options to communicate. Before there were written languages we negotiated verbally around the campfire. Now we can negotiate via Skype, texts, emails or instant messaging. How does using different media to communicate impact negotiations? Like all things academic, opinions vary. A recent study published in the journal Computers in Human Behavior looked at the difference in electronically mediated negotiation (or e-negotiation) compared to face-to-face negotiations. ...
An Emerging Structure of ADR in Mass Torts and MDLs
October 19, 2016
The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category among all classifications. Many of these Product Liability MDLs, especially pharmaceutical and medical device mass torts, continue to dominate headlines in mainstream and legal media. These mega cases dominate and potentially drain the resources of the courts, counsel and parties...
October 19, 2016
The official statistics provided by the Judicial Panel on Multidistrict Litigation in recent years count Products Liability as nearly one quarter of all pending multidistrict litigations (MDLs), making it the largest category among all classifications. Many of these Product Liability MDLs, especially pharmaceutical and medical device mass torts, continue to dominate headlines in mainstream and legal media. These mega cases dominate and potentially drain the resources of the courts, counsel and parties...
Some Thoughts On AI for Customer Service
October 18, 2016
It was 1984 when I earned my BS in computer science from Oregon State University. My sponsoring professor Dr. Morán pitched me on the idea of going to Carnegie Mellon to get a PhD in artificial intelligence (AI). I opted not to go. I was too anxious to get into the work world and start my career. But I’ve certainly kept my eye on AI ever since. Those who are new to AI think it all started when IBM’s Watson won Jeopardy or when Amazon launched the Echo or when Apple launched Siri. More...
October 18, 2016
It was 1984 when I earned my BS in computer science from Oregon State University. My sponsoring professor Dr. Morán pitched me on the idea of going to Carnegie Mellon to get a PhD in artificial intelligence (AI). I opted not to go. I was too anxious to get into the work world and start my career. But I’ve certainly kept my eye on AI ever since. Those who are new to AI think it all started when IBM’s Watson won Jeopardy or when Amazon launched the Echo or when Apple launched Siri. More...
Human Touch vs. Automated Resolution
October 17, 2016
Many of the big online stores today are like opulent online malls, with virtual marble floors and high arched ceilings. Using your browser, you can wander around these beautiful online malls and see everything your heart desires in exquisitely designed window displays. When you step into a store, you may get a subtle whiff of flowers or exotic spices. All the products are brightly lit and appealingly arranged. When you go up to the counter to ring up your purchase, the friendly and attractive employee...
October 17, 2016
Many of the big online stores today are like opulent online malls, with virtual marble floors and high arched ceilings. Using your browser, you can wander around these beautiful online malls and see everything your heart desires in exquisitely designed window displays. When you step into a store, you may get a subtle whiff of flowers or exotic spices. All the products are brightly lit and appealingly arranged. When you go up to the counter to ring up your purchase, the friendly and attractive employee...
The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses
September 28, 2016
Kristen M. Blankley, Associate Professor and Director of the Robert J. Kutak Center for the Teaching and Study of Applied Ethics at the University of Nebraska College of Law, has published “The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses,” Creighton Law Review, Vol. 49, No. 4, pp. 743-774, 2016. In her scholarly paper, Professor Blankley argues transactional lawyers should “consider more fully the potential for dispute resolution at the outset of a contractual relationship...
September 28, 2016
Kristen M. Blankley, Associate Professor and Director of the Robert J. Kutak Center for the Teaching and Study of Applied Ethics at the University of Nebraska College of Law, has published “The Ethics and Practice of Drafting Pre-Dispute Resolution Clauses,” Creighton Law Review, Vol. 49, No. 4, pp. 743-774, 2016. In her scholarly paper, Professor Blankley argues transactional lawyers should “consider more fully the potential for dispute resolution at the outset of a contractual relationship...
