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Neutral Analysis and Second Opinions
February 12, 2015
Corporate counsel—under seemingly never-ending pressure to contain costs—have a wide array of dispute resolution tools...
February 12, 2015
Corporate counsel—under seemingly never-ending pressure to contain costs—have a wide array of dispute resolution tools...
Oldies But Goodies
February 11, 2015
SSRN subscribers will soon see a passel of my old articles scrolling across their screens and may wonder, “What the heck?” The heck is that, thanks to a new scanner, I was able to make nice pdf files of some articles I wrote before I started posting pieces on SSRN. With the benefit of hindsight, I might tweak some of them a bit, but I think that they generally still have some valuable insights. So here are descriptions of these pieces highlighting some points of interest. You can read more...
February 11, 2015
SSRN subscribers will soon see a passel of my old articles scrolling across their screens and may wonder, “What the heck?” The heck is that, thanks to a new scanner, I was able to make nice pdf files of some articles I wrote before I started posting pieces on SSRN. With the benefit of hindsight, I might tweak some of them a bit, but I think that they generally still have some valuable insights. So here are descriptions of these pieces highlighting some points of interest. You can read more...
Tweet, ADR, Tweet
February 6, 2015
Haskell Murray (Belmont Business School) compiled the following list of ADR twitterers for would-be twitterees. He says that he is sure that the list is incomplete, but it is a good start. “Business” or “Law” notes whether the person teaches in a business school or a law school. If you have a twitter thingee of your own that you would like to add to the list, please add it as a comment. Max Bazerman (Harvard Business) – @MaxBazerman Kristen Blankley (Nebraska Law) – @ADR_Prof Bob Bordone...
February 6, 2015
Haskell Murray (Belmont Business School) compiled the following list of ADR twitterers for would-be twitterees. He says that he is sure that the list is incomplete, but it is a good start. “Business” or “Law” notes whether the person teaches in a business school or a law school. If you have a twitter thingee of your own that you would like to add to the list, please add it as a comment. Max Bazerman (Harvard Business) – @MaxBazerman Kristen Blankley (Nebraska Law) – @ADR_Prof Bob Bordone...
Court ADR Trends for 2015
February 2, 2015
The joint session in jeopardy A major topic of discussion this year was the increasing tendency for parties and their advocates to avoid the joint session in mediation. A wide-ranging discussion of how this trend affects the integrity of the mediation process and whether the shift can be turned back is sure to continue for some time to come. More research into what actually happens during mediation The focus of mediation research is moving beyond studying outcomes and the effects of case...
February 2, 2015
The joint session in jeopardy A major topic of discussion this year was the increasing tendency for parties and their advocates to avoid the joint session in mediation. A wide-ranging discussion of how this trend affects the integrity of the mediation process and whether the shift can be turned back is sure to continue for some time to come. More research into what actually happens during mediation The focus of mediation research is moving beyond studying outcomes and the effects of case...
Court Appointed Mediator Qualifications and Credentialing
January 29, 2015
Texas law requires that State trial Courts be active in promoting alternative dispute resolution, and authorizes the Courts to refer cases to mediation and appoint mediators. Issues regarding mediator qualifications and ethics have finally resulted in mediator credentialing in Texas in a effort to assist the Courts, attorneys and the public in identifying mediators who have accomplished a meaningful level of mediator training and experience, and who have committed themselves to practice standards...
January 29, 2015
Texas law requires that State trial Courts be active in promoting alternative dispute resolution, and authorizes the Courts to refer cases to mediation and appoint mediators. Issues regarding mediator qualifications and ethics have finally resulted in mediator credentialing in Texas in a effort to assist the Courts, attorneys and the public in identifying mediators who have accomplished a meaningful level of mediator training and experience, and who have committed themselves to practice standards...
Redesigning ADR Protocols for Efficiency and Affordability
January 29, 2015
Considering the large number of mediators and other ADR service providers now actively involved in the Texas civil justice system, it seems reasonable to assume that most received their formal ADR training at one of Texas’ dispute resolution centers, law schools, or other academic institutions. If this assumption is correct, it also seems reasonable to assume that a significant number of Texas mediators continue to follow the same basic ADR protocols they learned during their early ADR training. While...
January 29, 2015
Considering the large number of mediators and other ADR service providers now actively involved in the Texas civil justice system, it seems reasonable to assume that most received their formal ADR training at one of Texas’ dispute resolution centers, law schools, or other academic institutions. If this assumption is correct, it also seems reasonable to assume that a significant number of Texas mediators continue to follow the same basic ADR protocols they learned during their early ADR training. While...
TWEET, ADR, TWEET
January 28, 2015
Haskell Murray (Belmont Business School) compiled the following list of ADR twitterers for would-be twitterees. He says that he is sure that the list is incomplete, but it is a good start. “Business” or “Law” notes whether the person teaches in a business school or a law school. If you have a twitter thingee of your own that you would like to add to the list, please add it as a comment. Max Bazerman (Harvard Business) – @MaxBazerman Kristen Blankley (Nebraska Law) – @ADR_Prof Bob...
January 28, 2015
Haskell Murray (Belmont Business School) compiled the following list of ADR twitterers for would-be twitterees. He says that he is sure that the list is incomplete, but it is a good start. “Business” or “Law” notes whether the person teaches in a business school or a law school. If you have a twitter thingee of your own that you would like to add to the list, please add it as a comment. Max Bazerman (Harvard Business) – @MaxBazerman Kristen Blankley (Nebraska Law) – @ADR_Prof Bob...
Pepperdine / Maryland Professional Skills Program ($100 Discount)
January 13, 2015
Featuring a panel of nationally recognized experts in dispute resolution, this comprehensive program provides three days of unique educational opportunities for practicing professionals. Participants will network with nationally prominent faculty, as well as participants from the other specialties at plenary sessions, lunches, and receptions. Early enrollment is recommended since many of the sessions fully subscribe. Contact Lori Rushford at (310) 506-6342 or e-mail Lori.Rushford@pepperdine.edu to enroll...
January 13, 2015
Featuring a panel of nationally recognized experts in dispute resolution, this comprehensive program provides three days of unique educational opportunities for practicing professionals. Participants will network with nationally prominent faculty, as well as participants from the other specialties at plenary sessions, lunches, and receptions. Early enrollment is recommended since many of the sessions fully subscribe. Contact Lori Rushford at (310) 506-6342 or e-mail Lori.Rushford@pepperdine.edu to enroll...
Online Dispute Resolution is Gaining Traction
January 9, 2015
“Turning now to online dispute resolution, which is something I thought would take off far more quickly than it actually has. Way back in 2001, I wrote an article about services offering ODR, almost all of which are now defunct. That is finally changing, with ODR gaining broader acceptance, as evidenced by the recent announcement by Modria.com that its ODR platform was recently adopted by the Ohio Board of Tax Appeals to provide an online resolution center for cases there. ‘Taxpayers, agents,...
January 9, 2015
“Turning now to online dispute resolution, which is something I thought would take off far more quickly than it actually has. Way back in 2001, I wrote an article about services offering ODR, almost all of which are now defunct. That is finally changing, with ODR gaining broader acceptance, as evidenced by the recent announcement by Modria.com that its ODR platform was recently adopted by the Ohio Board of Tax Appeals to provide an online resolution center for cases there. ‘Taxpayers, agents,...
Hard Data on ADR Practice
January 5, 2015
There may be some serious ADR practitioners who have not heard of Tom Stipanowich’s recent articles analyzing the results of the CCA survey on trends in commercial arbitration. And for those few folks, I copy Tom’s note to me, along with the links: We are pleased to announce the publication of two articles that present extensive new data on practices and trends in commercial arbitration, including results from and analysis of a groundbreaking empirical survey of perceptions and practices among...
January 5, 2015
There may be some serious ADR practitioners who have not heard of Tom Stipanowich’s recent articles analyzing the results of the CCA survey on trends in commercial arbitration. And for those few folks, I copy Tom’s note to me, along with the links: We are pleased to announce the publication of two articles that present extensive new data on practices and trends in commercial arbitration, including results from and analysis of a groundbreaking empirical survey of perceptions and practices among...
