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ADR
A New Scholarly Journal of Law and Courts
April 15, 2013
The University of Chicago Press and the Law and Courts Section of the American Political Science Association have launched the Journal of Law and Courts, an interdisciplinary, peer-reviewed journal devoted to the examination of legal institutions, actors, processes and policy. The journal will publish biannually online and in print. The March issue available free. Future issues will be offered at an annual subscription cost of $32. The journal is edited by David E. Klein, an associate professor...
April 15, 2013
The University of Chicago Press and the Law and Courts Section of the American Political Science Association have launched the Journal of Law and Courts, an interdisciplinary, peer-reviewed journal devoted to the examination of legal institutions, actors, processes and policy. The journal will publish biannually online and in print. The March issue available free. Future issues will be offered at an annual subscription cost of $32. The journal is edited by David E. Klein, an associate professor...
Some Blue Sky Thinking on Managing Family Conflict
April 14, 2013
Armed with coloured paper, crayons and scissors, myself and nine other mediators spent a good portion of last Friday designing our “ideal” family conflict resolution service. While the background to this was, in part, recent and pending legislative change in the UK, some of which looks likely to impact negatively on families in conflict, these particular family mediators are not easily deterred, and our creativity was in full flow. For my part, I thought about the families I work with – all going...
April 14, 2013
Armed with coloured paper, crayons and scissors, myself and nine other mediators spent a good portion of last Friday designing our “ideal” family conflict resolution service. While the background to this was, in part, recent and pending legislative change in the UK, some of which looks likely to impact negatively on families in conflict, these particular family mediators are not easily deterred, and our creativity was in full flow. For my part, I thought about the families I work with – all going...
Patent Grant Estimate for 2013: 267k Utility Patents
April 13, 2013
The chart below shows the number of utility patents issued each calendar year with an estimate for 2013 based upon the first...
April 13, 2013
The chart below shows the number of utility patents issued each calendar year with an estimate for 2013 based upon the first...
Roger Fisher, Dean of Dispute Resolution, 1922-2012
April 13, 2013
Roger Fisher, Samuel Williston Professor of Law Emeritus at Harvard Law School, passed away peacefully surrounded by family on August 25, 2012, at the age of 90. Founder of the Harvard Negotiation Project and later the Program on Negotiation at Harvard Law School, co-author of the seminal and perennially bestselling Getting to YES: Negotiating Agreement Without Giving In, pioneer in teaching negotiation, and inveterate, self-starting peacemaking interventionist, Fisher had an extraordinary impact...
April 13, 2013
Roger Fisher, Samuel Williston Professor of Law Emeritus at Harvard Law School, passed away peacefully surrounded by family on August 25, 2012, at the age of 90. Founder of the Harvard Negotiation Project and later the Program on Negotiation at Harvard Law School, co-author of the seminal and perennially bestselling Getting to YES: Negotiating Agreement Without Giving In, pioneer in teaching negotiation, and inveterate, self-starting peacemaking interventionist, Fisher had an extraordinary impact...
New ADR Pledge
April 11, 2013
The concept of “ADR Pledge” has been known for at least last three decades. Most often it is a public statement in which those who sign it (corporations, law firms, governmental agencies etc.) declare to adopt a systemic approach to dispute resolution with more focus on mediation and ADR. In different forms ADR pledges have been promoted in many countries, including the United States, the United Kingdom, France or Singapore. From March 2013, a similar pledge is opened for signatures by business...
April 11, 2013
The concept of “ADR Pledge” has been known for at least last three decades. Most often it is a public statement in which those who sign it (corporations, law firms, governmental agencies etc.) declare to adopt a systemic approach to dispute resolution with more focus on mediation and ADR. In different forms ADR pledges have been promoted in many countries, including the United States, the United Kingdom, France or Singapore. From March 2013, a similar pledge is opened for signatures by business...
Digital Disagreements: Neural Networks and Their Potential
April 10, 2013
This is the third, and final, installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Insight into the neural networking aspects of AI is drawn from an interview with Jacob Menashe, Doctoral Candidate in Computer Sciences at the University of Texas at Austin. There is great potential for adapting neural networks for ODR purposes. A neural network works like this: 1. Neural networks are formed from different nodes, or “neurons,” connecting...
April 10, 2013
This is the third, and final, installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution. Insight into the neural networking aspects of AI is drawn from an interview with Jacob Menashe, Doctoral Candidate in Computer Sciences at the University of Texas at Austin. There is great potential for adapting neural networks for ODR purposes. A neural network works like this: 1. Neural networks are formed from different nodes, or “neurons,” connecting...
Digital Disagreements: Artificial [Intelligence] Arbitration
April 10, 2013
This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution....
April 10, 2013
This is the second installment in a three Part series on the role of Artificial Intelligence in Online Dispute Resolution....
Digital Disagreements: The Future of Artificial Intelligence in Online Dispute Resolution
April 10, 2013
One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead...
April 10, 2013
One of arbitration’s principle advantages is the informality with which the process is carried out.[1] Informality may lead...
Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards
April 9, 2013
Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative” dispute resolution procedures. Understood broadly, these procedures include formal and informal administrative adjudication, as well as arbitration, mediation and other court-connected and agency-connected innovations. In general, reformers conceived these “alternative” processes as means to end legal (or potentially legal) disputes and escape the perceived costs and inadequacies...
April 9, 2013
Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative” dispute resolution procedures. Understood broadly, these procedures include formal and informal administrative adjudication, as well as arbitration, mediation and other court-connected and agency-connected innovations. In general, reformers conceived these “alternative” processes as means to end legal (or potentially legal) disputes and escape the perceived costs and inadequacies...
The Supreme Court and the Future of Arbitration: Preemptive Federal Procedural Paradigm?
April 9, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy.” That much is beyond debate. It would be difficult indeed to find a judicial decision applying the FAA that did not begin its analysis by reciting the policy’s existence. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. Eliminating traditional judicial hostility toward enforcing arbitration agreements?...
April 9, 2013
Adopted by Congress in 1925, the Federal Arbitration Act (“FAA”) established a federal “pro-arbitration policy.” That much is beyond debate. It would be difficult indeed to find a judicial decision applying the FAA that did not begin its analysis by reciting the policy’s existence. But courts and scholars have been wrestling for decades over what this federal “proarbitration policy” actually means. Eliminating traditional judicial hostility toward enforcing arbitration agreements?...
