Menu
ADR
Why and How Businesses Use Planned Early Dispute Resolution
March 29, 2016
This article reports the results of an empirical inquiry analyzing why some businesses adopt “planned early dispute resolution”...
March 29, 2016
This article reports the results of an empirical inquiry analyzing why some businesses adopt “planned early dispute resolution”...
Large-Scale Dispute Resolution in Jurisdictions Without Judicial Class Actions
March 25, 2016
University of Missouri School of Law Professor S.I. Strong has published “Large-Scale Dispute Resolution in Jurisdictions Without Judicial Class Actions: Learning From the Irish Experience,” ILSA Journal of International & Comparative Law, Vol. 22, 2016, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2016-04. In her journal article, Professor Strong discusses innovative developments in the context of large-scale arbitration and other alternative dispute...
March 25, 2016
University of Missouri School of Law Professor S.I. Strong has published “Large-Scale Dispute Resolution in Jurisdictions Without Judicial Class Actions: Learning From the Irish Experience,” ILSA Journal of International & Comparative Law, Vol. 22, 2016, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2016-04. In her journal article, Professor Strong discusses innovative developments in the context of large-scale arbitration and other alternative dispute...
The Case for Mediation: The Things that Mediators Should Be Learning and Doing
March 21, 2016
This essay is based on the Keynote Address delivered to the 8th Symposium on Mediation at the Chartered Institute of Arbitrators in London, UK. The article uses two memes of intellectual development -- changing ideas of physical space, through new forms of architecture, and legal evolution, to review how mediation has contributed to both conceptual and behavioral changes in legal and human disputing. The essay reviews key conceptual shifts from uses of "battles" and "trials" and different conceptions...
March 21, 2016
This essay is based on the Keynote Address delivered to the 8th Symposium on Mediation at the Chartered Institute of Arbitrators in London, UK. The article uses two memes of intellectual development -- changing ideas of physical space, through new forms of architecture, and legal evolution, to review how mediation has contributed to both conceptual and behavioral changes in legal and human disputing. The essay reviews key conceptual shifts from uses of "battles" and "trials" and different conceptions...
Fairness, Trust, and Security in Online Dispute Resolution
March 21, 2016
Noam Ebner, Assistant Professor and Online Program Chair for the Werner Institute at Creighton University School of Law, and Professor John Zeleznikow of Victoria University have published “Fairness, Trust, and Security in Online Dispute Resolution,” Hamline Journal of Public Law and Policy, Vol. 36, No. 2, 2015. In their article, the authors examine key concepts in the emerging field of online dispute resolution. Here is the abstract: The past fifteen years have witnessed immense growth...
March 21, 2016
Noam Ebner, Assistant Professor and Online Program Chair for the Werner Institute at Creighton University School of Law, and Professor John Zeleznikow of Victoria University have published “Fairness, Trust, and Security in Online Dispute Resolution,” Hamline Journal of Public Law and Policy, Vol. 36, No. 2, 2015. In their article, the authors examine key concepts in the emerging field of online dispute resolution. Here is the abstract: The past fifteen years have witnessed immense growth...
Achieving Workable – and Just – ADR Results in Family Law
March 19, 2016
Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members. There are ways to improve the process and results of family law mediation. The keys are open communication, adequate preparation, proper timing and mediator selection. Open Communication – With the Opposing Party and With the Mediator. Pick up the telephone early in the case....
March 19, 2016
Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members. There are ways to improve the process and results of family law mediation. The keys are open communication, adequate preparation, proper timing and mediator selection. Open Communication – With the Opposing Party and With the Mediator. Pick up the telephone early in the case....
Joining a Conflict? It Pays to Know Your Style
March 17, 2016
“You cannot direct a living system; you can only disturb it”1 When mediators join a conflict, they enter a living system. Realise it or not, that system is instantly changed by their arrival. Change may be for the better, and we hope our influence is benign, but nothing is the same again. It therefore makes sense for those intervening in other people’s conflict to know themselves: what kind of person is joining the system? When teaching new mediators I like to use Ron Kraybill’s “Stylematters”...
March 17, 2016
“You cannot direct a living system; you can only disturb it”1 When mediators join a conflict, they enter a living system. Realise it or not, that system is instantly changed by their arrival. Change may be for the better, and we hope our influence is benign, but nothing is the same again. It therefore makes sense for those intervening in other people’s conflict to know themselves: what kind of person is joining the system? When teaching new mediators I like to use Ron Kraybill’s “Stylematters”...
Stipanowich Receives CPR Award for Outstanding Achievement in Dispute Resolution
February 18, 2016
Pepperdine School of Law Professor Thomas J. Stipanowich has been awarded the 2015 James F. Henry Award by the International Institute for Conflict Prevention & Resolution (CPR Institute). The award will be presented at the Institute’s Annual Meeting in New Orleans on February 16, 2016. CPR is a membership-based, nonprofit alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of conflict prevention and alternative dispute resolution. The award,...
February 18, 2016
Pepperdine School of Law Professor Thomas J. Stipanowich has been awarded the 2015 James F. Henry Award by the International Institute for Conflict Prevention & Resolution (CPR Institute). The award will be presented at the Institute’s Annual Meeting in New Orleans on February 16, 2016. CPR is a membership-based, nonprofit alliance of global corporations, law firms, scholars, and public institutions dedicated to the principles of conflict prevention and alternative dispute resolution. The award,...
Ebner & Zeleznikow on Online Dispute Resolution
February 4, 2016
Noam Ebner and John Zeleznikow (Creighton University School of Law - Werner Institute for Negotiation and Dispute Resolution...
February 4, 2016
Noam Ebner and John Zeleznikow (Creighton University School of Law - Werner Institute for Negotiation and Dispute Resolution...
EU Mandates ODR for Online Stores
January 23, 2016
The evidence is mounting: 2016 will be the year consumer online dispute resolution fully emerges into the mainstream. The biggest...
January 23, 2016
The evidence is mounting: 2016 will be the year consumer online dispute resolution fully emerges into the mainstream. The biggest...
IMI Survey Solicitation
January 22, 2016
The International Mediation Institute seeks participants in a brief survey (they claim it takes 7 minutes but heck, I’ll...
January 22, 2016
The International Mediation Institute seeks participants in a brief survey (they claim it takes 7 minutes but heck, I’ll...
