Menu
ADR
Blockchain and Cryptocurrencies: The New Frontier of Investment Arbitration?
October 29, 2018
Blockchain and cryptocurrencies (including bitcoin) have garnered significant attention in legal scholarship over the last...
October 29, 2018
Blockchain and cryptocurrencies (including bitcoin) have garnered significant attention in legal scholarship over the last...
What Might Artificial Intelligence Mean For Alternative Dispute Resolution?
September 24, 2018
Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for patterns to help with predicting the progress of cases in the US. In November 2017 there were news headlines about ‘Case Cruncher...
September 24, 2018
Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for patterns to help with predicting the progress of cases in the US. In November 2017 there were news headlines about ‘Case Cruncher...
Utah Courts Begin Unique ODR Pilot for Small Claims Cases
September 4, 2018
The Utah State Courts will launch a pilot program tomorrow using online dispute resolution to seek to resolve small claims cases in the Justice Court in West Valley City, a suburb of Salt Lake City. This appears to be only the second court in the United States to offer ODR for all small-claims cases. A November 2017 survey by the National Center for State Courts found only three U.S. courts using ODR in any capacity. Just one of those three, the Franklin County Municipal Court in Columbus,...
September 4, 2018
The Utah State Courts will launch a pilot program tomorrow using online dispute resolution to seek to resolve small claims cases in the Justice Court in West Valley City, a suburb of Salt Lake City. This appears to be only the second court in the United States to offer ODR for all small-claims cases. A November 2017 survey by the National Center for State Courts found only three U.S. courts using ODR in any capacity. Just one of those three, the Franklin County Municipal Court in Columbus,...
Global Lessons in Mandatory and Voluntary ADR Systems
August 24, 2018
The question of voluntary and mandatory ADR including arbitration has been a richly debated topic in many jurisdictions. Since the mid-twentieth century, the question of achieving procedural and substantive justice in the context of judicial dispute resolution has received significant attention beginning with the work of Owen Fiss and Lon Fuller who articulated early insights into the role, forms and limits of adjudication. Fiss argued that the purpose of adjudication is to provide a public forum...
August 24, 2018
The question of voluntary and mandatory ADR including arbitration has been a richly debated topic in many jurisdictions. Since the mid-twentieth century, the question of achieving procedural and substantive justice in the context of judicial dispute resolution has received significant attention beginning with the work of Owen Fiss and Lon Fuller who articulated early insights into the role, forms and limits of adjudication. Fiss argued that the purpose of adjudication is to provide a public forum...
New Collaborative Law Book
August 16, 2018
As you may know, collaborative practiceinvolves a “participation agreement” by parties to negotiate without engaging in contested litigation. The parties agree to provide all relevant information and practitioners try to use interest-based negotiation. If any party decides to litigate the matter, all the lawyers must withdraw from the case and are disqualified from representing the parties in litigation. The vast majority of collaborative cases are in family law matters. In 2009, the Uniform...
August 16, 2018
As you may know, collaborative practiceinvolves a “participation agreement” by parties to negotiate without engaging in contested litigation. The parties agree to provide all relevant information and practitioners try to use interest-based negotiation. If any party decides to litigate the matter, all the lawyers must withdraw from the case and are disqualified from representing the parties in litigation. The vast majority of collaborative cases are in family law matters. In 2009, the Uniform...
An Empirical Study of Dispute Resolution Clauses in International Supply Contracts
July 25, 2018
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation’s law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty...
July 25, 2018
International transactions present unique legal risks. When a contract touches several different nations, a party may not know where it will be called upon to defend a lawsuit or, alternatively, which nation’s law will be applied to resolve that dispute. To mitigate these risks, parties will often write dispute resolution provisions into their contracts. Arbitration clauses and forum selection clauses help to reduce uncertainty relating to forum. Choice-of-law clauses help to reduce uncertainty...
What Awaits Legal Tech 2018-19?
June 17, 2018
The legal tech industry says that growth is not only the growth in the number of products, but also the number of customers which grows proportionately with the trend to introduce innovations among lawyers. Online dispute resolution. In May in the US, a conference, organized by Codex – The Stanford Center for Legal Informatics, was held about the future of the law. The President of the American Bar Association, Hilarie Bass, asked a rhetorical question: “Why should we go to court for a resolution...
June 17, 2018
The legal tech industry says that growth is not only the growth in the number of products, but also the number of customers which grows proportionately with the trend to introduce innovations among lawyers. Online dispute resolution. In May in the US, a conference, organized by Codex – The Stanford Center for Legal Informatics, was held about the future of the law. The President of the American Bar Association, Hilarie Bass, asked a rhetorical question: “Why should we go to court for a resolution...
Preventing Bad Settlement Decisions and Impasse: Using Brain Science, Game Theory, Animated Communication and Micro-Interventions
June 12, 2018
Faculty: Douglas Noll and Don Philbin Please note: This is a high level, advanced course for those engaged in the mediation of litigated disputes, whether as advocates or mediators.The fact patterns of this course will be familiar to the experienced mediator and trial advocate in negotiation: difficult people, heightened emotions, overly confident case assessments, deeply held beliefs, barriers to rational deals.We will explore the neuropsychology behind these defining characteristics and the mediator...
June 12, 2018
Faculty: Douglas Noll and Don Philbin Please note: This is a high level, advanced course for those engaged in the mediation of litigated disputes, whether as advocates or mediators.The fact patterns of this course will be familiar to the experienced mediator and trial advocate in negotiation: difficult people, heightened emotions, overly confident case assessments, deeply held beliefs, barriers to rational deals.We will explore the neuropsychology behind these defining characteristics and the mediator...
31st Annual Summer Professional Skills Program in Dispute Resolution in Malibu
June 5, 2018
June 21-23, 2018 Malibu, California (This year's program will be held on the Drescher Graduate Campus due to School of Law renovations!) View the 2018 Brochure All 12 classes for the 2018 program are listed below! We recommend using google chrome web browser for registration. Register Now SAVE THE DATE: On the evening of June 20, 2018, Pepperdine/Straus American Inn of Court for Dispute Resolution will be hosting a dinner appetizer reception at the Jonathan Club in Santa Monica. Registrants...
June 5, 2018
June 21-23, 2018 Malibu, California (This year's program will be held on the Drescher Graduate Campus due to School of Law renovations!) View the 2018 Brochure All 12 classes for the 2018 program are listed below! We recommend using google chrome web browser for registration. Register Now SAVE THE DATE: On the evening of June 20, 2018, Pepperdine/Straus American Inn of Court for Dispute Resolution will be hosting a dinner appetizer reception at the Jonathan Club in Santa Monica. Registrants...
Mixed Modes Task Force Working Group Seeks Feedback from ADR Neutrals
June 4, 2018
Based on initial feedback from the Global Pound Conference, a Mixed Modes Task Force has been set up by the College of Commercial Arbitrators (CCA), the International Mediation Institute (IMI) and the Straus Institutefor Dispute Resolution, Pepperdine School of Law to examine possible new ways of combining mediation with arbitration. (For more information, please see: http://www.imimediation.org/about-imi/who-are-imi/mixed-mode-task-force/#about). One of the six working groups in this...
June 4, 2018
Based on initial feedback from the Global Pound Conference, a Mixed Modes Task Force has been set up by the College of Commercial Arbitrators (CCA), the International Mediation Institute (IMI) and the Straus Institutefor Dispute Resolution, Pepperdine School of Law to examine possible new ways of combining mediation with arbitration. (For more information, please see: http://www.imimediation.org/about-imi/who-are-imi/mixed-mode-task-force/#about). One of the six working groups in this...
