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ABA Dispute Resolution Section Spring Meeting Announced
March 2, 2014
I have been importuned by the ABA Dispute Resolution Section to remind readers of its upcoming Spring Meeting in Miami,Florida...
March 2, 2014
I have been importuned by the ABA Dispute Resolution Section to remind readers of its upcoming Spring Meeting in Miami,Florida...
Towards the Development of Generic Computer Assisted Dispute Resolution, Based on Conflict Theory
February 27, 2014
Online dispute resolution (ODR) may be described as an attempt to use the internet to mainstream alternative dispute resolution (ADR). The question how conflict resolution and information technology interact at a fundamental level has received little attention. Improving information exchange about the substantive issues in a conflict prevents escalation of conflict and assists in resolution. Dispute resolution always involves separation of substantive and emotional issues. This is achieved by means...
February 27, 2014
Online dispute resolution (ODR) may be described as an attempt to use the internet to mainstream alternative dispute resolution (ADR). The question how conflict resolution and information technology interact at a fundamental level has received little attention. Improving information exchange about the substantive issues in a conflict prevents escalation of conflict and assists in resolution. Dispute resolution always involves separation of substantive and emotional issues. This is achieved by means...
New Issue of The Journal of Dispute Resolution is Devoted to Teaching Practical Legal Skills
February 19, 2014
The Journal of Dispute Resolution is a student-edited, academic journal published semi-annually by the University of Missouri-Columbia School of Law in conjunction with the Center for the Study of Dispute Resolution. The latest issue, 2013 Vol. 1, is entitled Overcoming Barriers in Preparing Law Students for Real-World Practice" and contains several very informative and helpful articles devoted to the teaching of practical legal skills training published in connection with a 2012 symposium...
February 19, 2014
The Journal of Dispute Resolution is a student-edited, academic journal published semi-annually by the University of Missouri-Columbia School of Law in conjunction with the Center for the Study of Dispute Resolution. The latest issue, 2013 Vol. 1, is entitled Overcoming Barriers in Preparing Law Students for Real-World Practice" and contains several very informative and helpful articles devoted to the teaching of practical legal skills training published in connection with a 2012 symposium...
What Deal Lawyers and Dispute Lawyers Can Learn From Each Other
February 3, 2014
It sometime sometimes seems that the community of business lawyers is divided into two broad tribes: The lawyers who handle the deals, and the lawyers who handle what happens when the deals fall apart. Unfortunately, these two tribes too seldom mix. They don’t go to the same ABA meetings, their spouses don’t dine together, their kids are on different soccer teams. Yet each has skills that the other would benefit greatly from developing. Deal lawyers have an approach to problems that...
February 3, 2014
It sometime sometimes seems that the community of business lawyers is divided into two broad tribes: The lawyers who handle the deals, and the lawyers who handle what happens when the deals fall apart. Unfortunately, these two tribes too seldom mix. They don’t go to the same ABA meetings, their spouses don’t dine together, their kids are on different soccer teams. Yet each has skills that the other would benefit greatly from developing. Deal lawyers have an approach to problems that...
Dispute Resolution Mechanisms for Intractable Medical Futility Disputes
January 31, 2014
Medical futility disputes occur frequently in healthcare facilities across the United States. In this Article, I provide an overview of dispute resolution mechanisms through which healthcare providers can resolve these disputes. In Section I, identify three distinctive features of medical futility disputes. First, they usually concern life-sustaining medical treatment for patients in a hospital’s intensive care unit. Second, these patients typically lack decision making capacity. So, a surrogate...
January 31, 2014
Medical futility disputes occur frequently in healthcare facilities across the United States. In this Article, I provide an overview of dispute resolution mechanisms through which healthcare providers can resolve these disputes. In Section I, identify three distinctive features of medical futility disputes. First, they usually concern life-sustaining medical treatment for patients in a hospital’s intensive care unit. Second, these patients typically lack decision making capacity. So, a surrogate...
Dispute Resolution in Federal Courts: New Study to Look at How It’s Working
January 23, 2014
The different ways federal district courts provide settlement assistance to parties is the focus of a new study by theFederal Judicial Center (FJC). Eight district courts are participating in the study to be completed by late 2014. “We hope to provide a thorough picture of the variety of ways in which the federal district courts have designed and use their ADR procedures,” said Donna Stienstra, the project’s director. “We’ll look at mediation, arbitration, early neutral evaluation,...
January 23, 2014
The different ways federal district courts provide settlement assistance to parties is the focus of a new study by theFederal Judicial Center (FJC). Eight district courts are participating in the study to be completed by late 2014. “We hope to provide a thorough picture of the variety of ways in which the federal district courts have designed and use their ADR procedures,” said Donna Stienstra, the project’s director. “We’ll look at mediation, arbitration, early neutral evaluation,...
Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare
December 30, 2013
On November 18, 2013, the Cardozo Journal of Conflict Resolution hosted its fall 2013 symposium, entitled “Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare.” Friend of IndisputablyLela Love was kind enough to send along this synopsis of the event. ———————- “Tell us please, what treatment in an emergency is administered by ear?”…. I met his gaze and I did not blink. “Words of comfort,” I said to my father.” (from Cutting...
December 30, 2013
On November 18, 2013, the Cardozo Journal of Conflict Resolution hosted its fall 2013 symposium, entitled “Bioethics, Healthcare Policy, & Alternative Dispute Resolution in the Age of Obamacare.” Friend of IndisputablyLela Love was kind enough to send along this synopsis of the event. ———————- “Tell us please, what treatment in an emergency is administered by ear?”…. I met his gaze and I did not blink. “Words of comfort,” I said to my father.” (from Cutting...
EDGE: Imagining Conflict Resolution
November 28, 2013
"The advantage of neuroscience is being able to look under the hood and see the mechanisms that actually create the thoughts and the behaviors that create and perpetuate conflict. Seems like it ought to be useful. That's the question that I'm asking myself right now, can science in general, or neuroscience in particular, be used to understand what drives conflict, what prevents reconciliation, why some interventions work for some people some of the time, and how to make and evaluate better ones."
November 28, 2013
"The advantage of neuroscience is being able to look under the hood and see the mechanisms that actually create the thoughts and the behaviors that create and perpetuate conflict. Seems like it ought to be useful. That's the question that I'm asking myself right now, can science in general, or neuroscience in particular, be used to understand what drives conflict, what prevents reconciliation, why some interventions work for some people some of the time, and how to make and evaluate better ones."
JAMS Supports the ABA’s Planned Early Dispute Resolution Project
November 27, 2013
In the interest of saving time and money, the ABA Dispute Resolution has launched a user guide to help parties and lawyers...
November 27, 2013
In the interest of saving time and money, the ABA Dispute Resolution has launched a user guide to help parties and lawyers...
Ebner on Negotiation via (the New) Email
November 27, 2013
Noam Ebner (Creighton) has posted his new article, Negotiation via (the New) Email, to SSRN. The abstract: While certainly one of the most familiar modes for online communication, email is a constantly shifting entity. This chapter explores common pitfalls encountered in negotiating via email as well as advantages the medium offers, and offers best practices for negotiating through this communication channel. In a significant update to the existing literature, this chapter describes the changes...
November 27, 2013
Noam Ebner (Creighton) has posted his new article, Negotiation via (the New) Email, to SSRN. The abstract: While certainly one of the most familiar modes for online communication, email is a constantly shifting entity. This chapter explores common pitfalls encountered in negotiating via email as well as advantages the medium offers, and offers best practices for negotiating through this communication channel. In a significant update to the existing literature, this chapter describes the changes...
