ADR
The New Handshake: Using ODR to Create Value for Consumers and Businesses
May 25, 2018
My first post is about The New Handshake: Online Dispute Resolution and the Future of Consumer Protection, by my colleague, Amy Schmitz, and ODR guru Colin Rule. It’s a great collaboration that takes advantage of Amy’s scholarship and Colin’s practical experience from being eBay’s ODR director and co-founder of Modria as well as from his current work as Tyler Technology’s VP for ODR. ODR can help address a problem often referred to as “access to justice” (A2J). In the plenary...
May 25, 2018
My first post is about The New Handshake: Online Dispute Resolution and the Future of Consumer Protection, by my colleague, Amy Schmitz, and ODR guru Colin Rule. It’s a great collaboration that takes advantage of Amy’s scholarship and Colin’s practical experience from being eBay’s ODR director and co-founder of Modria as well as from his current work as Tyler Technology’s VP for ODR. ODR can help address a problem often referred to as “access to justice” (A2J). In the plenary...
The Medium Makes the Difference!
May 10, 2018
Recently I came upon an older article written by Tammy Lenski entitled, “Face to Face negotiation better than e-mail.” (“Lenski”) While the article was originally published in December 2003, its points are probably truer today than fifteen years ago. The last decade and a half has seen an explosion in communication by every means imaginable other than face to face. For this reason, I believe its points are worth revisiting. Ms. Lenski begins by noting that research in 2000 revealed that...
May 10, 2018
Recently I came upon an older article written by Tammy Lenski entitled, “Face to Face negotiation better than e-mail.” (“Lenski”) While the article was originally published in December 2003, its points are probably truer today than fifteen years ago. The last decade and a half has seen an explosion in communication by every means imaginable other than face to face. For this reason, I believe its points are worth revisiting. Ms. Lenski begins by noting that research in 2000 revealed that...
Legislating for an Effective and Legitimate System of Online Consumer Arbitration
May 3, 2018
This chapter addresses the conflict between the restrictive and negative view often taken towards consumer arbitration and the supportive and positive view often taken towards ODR by arguing that a properly designed system of online consumer arbitration can fulfil the promise of consumer arbitration while avoiding its greatest risks. After clarifying what is meant by the term “online arbitration” and addressing the important differences that exist between commercial arbitration and consumer arbitration,...
May 3, 2018
This chapter addresses the conflict between the restrictive and negative view often taken towards consumer arbitration and the supportive and positive view often taken towards ODR by arguing that a properly designed system of online consumer arbitration can fulfil the promise of consumer arbitration while avoiding its greatest risks. After clarifying what is meant by the term “online arbitration” and addressing the important differences that exist between commercial arbitration and consumer arbitration,...
Syllabus Surgery: Integrating Arbitration and Mediation into Modern Curricula
April 14, 2018
The contributors to this excellent symposium on the Future of Legal Education have proposed large-scale changes to the ways that law schools are organized and the ways that law schools teach. My suggestion is more humble: Schools must do a better job of reflecting the dramatically heightened place of arbitration and mediation in modern legal practice. Arbitration and mediation have traditionally been viewed as elective courses. Sometimes they are lumped together into a single course, called something...
April 14, 2018
The contributors to this excellent symposium on the Future of Legal Education have proposed large-scale changes to the ways that law schools are organized and the ways that law schools teach. My suggestion is more humble: Schools must do a better job of reflecting the dramatically heightened place of arbitration and mediation in modern legal practice. Arbitration and mediation have traditionally been viewed as elective courses. Sometimes they are lumped together into a single course, called something...
Farkas on Legal Education
April 14, 2018
Check out the contribution of Brian Farkas (Cardozo) over at Prawfsblawg, as part of their online symposium on the future of legal education. Brian calls for greater adoption of mediation and arbitration in doctrinal courses, to better prepare students for the realities of legal practice. It’s a terrific post.
April 14, 2018
Check out the contribution of Brian Farkas (Cardozo) over at Prawfsblawg, as part of their online symposium on the future of legal education. Brian calls for greater adoption of mediation and arbitration in doctrinal courses, to better prepare students for the realities of legal practice. It’s a terrific post.
2018 US News Rankings
April 13, 2018
Here they are, this year’s US News Rankings for dispute resolution programs. Unlike the rankings for law schools, these are voted on by law school faculty – consider them reputational rankings. Congratulations to all ! Rank School Name 1 Pepperdine University 2 Ohio State University (Moritz) 3 Harvard University 4 Mitchell Hamline School of Law 5 University of Missouri 6 Marquette University 7 Arizona State University (O’Connor) 8 University...
April 13, 2018
Here they are, this year’s US News Rankings for dispute resolution programs. Unlike the rankings for law schools, these are voted on by law school faculty – consider them reputational rankings. Congratulations to all ! Rank School Name 1 Pepperdine University 2 Ohio State University (Moritz) 3 Harvard University 4 Mitchell Hamline School of Law 5 University of Missouri 6 Marquette University 7 Arizona State University (O’Connor) 8 University...
Is Online Dispute Resolution The Future of Alternative Dispute Resolution?
April 13, 2018
The tech revolution has been underway for some time now but has only recently come to the forefront of the general public’s consciousness from the explosion in attention to bitcoin. The progress of technology has allowed it to creep into the domain of alternative dispute resolution. There is now online mediation, online arbitration, and even arbitration utilising the same blockchain technology as cryptocurrencies: blockchain arbitration. These forms of alternative dispute resolution, known as “online...
April 13, 2018
The tech revolution has been underway for some time now but has only recently come to the forefront of the general public’s consciousness from the explosion in attention to bitcoin. The progress of technology has allowed it to creep into the domain of alternative dispute resolution. There is now online mediation, online arbitration, and even arbitration utilising the same blockchain technology as cryptocurrencies: blockchain arbitration. These forms of alternative dispute resolution, known as “online...
Western District of Pennsylvania’s Updates to ADR Policy and Procedures Affect Process for Bringing Sanctions
April 10, 2018
In February, the Western District of Pennsylvania released an order to update the court’s ADR policy and procedures, specifically regarding the procedure used for bringing sanctions. This month, the court released a second order with a minor amendment to the February updates. The largest modification to the court’s policies is the addition of a good faith definition and a new process for bringing motions for sanctions. Under the order, the court defines “good faith” as a “duty...
April 10, 2018
In February, the Western District of Pennsylvania released an order to update the court’s ADR policy and procedures, specifically regarding the procedure used for bringing sanctions. This month, the court released a second order with a minor amendment to the February updates. The largest modification to the court’s policies is the addition of a good faith definition and a new process for bringing motions for sanctions. Under the order, the court defines “good faith” as a “duty...
The Immovable Elephant: Motivating Lawyers Toward Early ADR Efforts
March 9, 2018
As Chip and Dan Heath describe in their book Switch: How to Change Things When Change is Hard, we are rational beings with a “Rider” that logically analyzes our surroundings. Our Rider tries to direct our emotional side, “the Elephant.” Although we like to think our Rider is in control at all times, in truth, the Elephant is in charge much of the time. Data concerning the benefits of early case assessment and planned early dispute resolution may be appealing to the Rider, but if the Elephant...
March 9, 2018
As Chip and Dan Heath describe in their book Switch: How to Change Things When Change is Hard, we are rational beings with a “Rider” that logically analyzes our surroundings. Our Rider tries to direct our emotional side, “the Elephant.” Although we like to think our Rider is in control at all times, in truth, the Elephant is in charge much of the time. Data concerning the benefits of early case assessment and planned early dispute resolution may be appealing to the Rider, but if the Elephant...
Victim-Oriented Tort Law in Action: An Empirical Examination of Catholic Church Sexual Abuse Cases
March 1, 2018
Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure—a hybrid between tort litigation and a victim compensation fund—that not only allowed sexual abuse victims to seek monetary compensation on an individual basis, but also nonmonetary relief, including an apology, recognition, and measures against those responsible for the abuse. The publication of all decisions offers a unique...
March 1, 2018
Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure—a hybrid between tort litigation and a victim compensation fund—that not only allowed sexual abuse victims to seek monetary compensation on an individual basis, but also nonmonetary relief, including an apology, recognition, and measures against those responsible for the abuse. The publication of all decisions offers a unique...
