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ADR
ADR versus Trial Outcomes in Small Claims Disputes
February 12, 2018
Lorig Charkoudian (Community Mediation Maryland), Deborah Thompson Eisenberg (University of Maryland Francis King Carey School of Law), Jamie Walter (Maryland Judicial Center Administrative Office of the Courts) have posted What Difference does ADR Make? Comparison of ADR and Trial Outcomes in Small Claims Court ((2017) Conflict Resolution Quarterly, 35: 7–45) on SSRN. Here is the abstract: This research is connected to a broader study of the costs and benefits of ADR in Maryland courts...
February 12, 2018
Lorig Charkoudian (Community Mediation Maryland), Deborah Thompson Eisenberg (University of Maryland Francis King Carey School of Law), Jamie Walter (Maryland Judicial Center Administrative Office of the Courts) have posted What Difference does ADR Make? Comparison of ADR and Trial Outcomes in Small Claims Court ((2017) Conflict Resolution Quarterly, 35: 7–45) on SSRN. Here is the abstract: This research is connected to a broader study of the costs and benefits of ADR in Maryland courts...
Overcoming Roadblocks to Reaching Settlement in Family Law Cases
February 6, 2018
In “litigation as usual,” settlement often comes only after adversarial posturing, the original conflict escalates, the relationships deteriorate, the process takes too long and costs too much, and nobody is really happy with the resolution. This article describes common roadblocks to negotiation and ways to overcome them to reach good settlements. Although some dynamics described in this article are specific to family law cases, most apply in virtually any type of litigation.
February 6, 2018
In “litigation as usual,” settlement often comes only after adversarial posturing, the original conflict escalates, the relationships deteriorate, the process takes too long and costs too much, and nobody is really happy with the resolution. This article describes common roadblocks to negotiation and ways to overcome them to reach good settlements. Although some dynamics described in this article are specific to family law cases, most apply in virtually any type of litigation.
A Blueprint for Online Dispute Resolution System Design
February 5, 2018
Amy Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has published an interesting journal article titled “A Blueprint for Online Dispute Resolution System Design,” 21 Journal of Internet Law 3-11, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2018-07. In her publication, Professor Schmitz offers suggestions for creating an online dispute resolution system that is beneficial to both consumers and businesses. Here...
February 5, 2018
Amy Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has published an interesting journal article titled “A Blueprint for Online Dispute Resolution System Design,” 21 Journal of Internet Law 3-11, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2018-07. In her publication, Professor Schmitz offers suggestions for creating an online dispute resolution system that is beneficial to both consumers and businesses. Here...
Lewis on the Effect of Personality on Tort Litigation
February 1, 2018
Richard Lewis has posted to SSRN Humanity in Tort: Does Personality Affect Personal Injury Litigation?. The abstract...
February 1, 2018
Richard Lewis has posted to SSRN Humanity in Tort: Does Personality Affect Personal Injury Litigation?. The abstract...
Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis
February 1, 2018
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis,” Book chapter in Mediation in International Commercial and Investment Disputes (Oxford University Press, Catharine Titi and Katia Fach Gomez , eds.) 2018 Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2018-01. Here...
February 1, 2018
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis,” Book chapter in Mediation in International Commercial and Investment Disputes (Oxford University Press, Catharine Titi and Katia Fach Gomez , eds.) 2018 Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2018-01. Here...
Court Declares a Settlement Week to Clear Old Caseload
January 25, 2018
The Western District Court of New York is one of the most congested courts in the country, receiving over 3,000 filings annually with individual judges’ caseloads at nearly 800. To reduce a long backlog of unresolved lawsuits, Chief Judge Frank P. Geraci, Jr., revived a mediation strategy not used by the court since 1995: a settlement week. The idea of a settlement week is simple, a court designates a week to bring civil litigants and mediators into the courthouse to resolve their disputes,...
January 25, 2018
The Western District Court of New York is one of the most congested courts in the country, receiving over 3,000 filings annually with individual judges’ caseloads at nearly 800. To reduce a long backlog of unresolved lawsuits, Chief Judge Frank P. Geraci, Jr., revived a mediation strategy not used by the court since 1995: a settlement week. The idea of a settlement week is simple, a court designates a week to bring civil litigants and mediators into the courthouse to resolve their disputes,...
Getting the Benefit of Planned Early Dispute Resolution in Construction Projects
January 23, 2018
This short article argues that although mediation usually is better for parties than a trial, when mediation occurs late in litigation, parties can suffer many of the same problems as in litigation. Mediation of individual disputes can resolve particular problems, but parties remain at risk of repeating the same problems in the future. Using a “planned early dispute resolution” (PEDR) system can help parties to efficiently and effectively deal with an ongoing series of problems. This article...
January 23, 2018
This short article argues that although mediation usually is better for parties than a trial, when mediation occurs late in litigation, parties can suffer many of the same problems as in litigation. Mediation of individual disputes can resolve particular problems, but parties remain at risk of repeating the same problems in the future. Using a “planned early dispute resolution” (PEDR) system can help parties to efficiently and effectively deal with an ongoing series of problems. This article...
Choice Overload in Online Platforms
January 12, 2018
The choice overload effect refers to the experimental finding that a larger choice set may in fact yield fewer overall purchases than would be observed with a smaller set. The effect has received much attention, but empirical evidence has been mixed so far. We describe the first study that attempts to confirm choice overload in a large online experiment, involving thousands of households making major purchases. The experiment was conducted by an online travel and price aggregator company, which offered...
January 12, 2018
The choice overload effect refers to the experimental finding that a larger choice set may in fact yield fewer overall purchases than would be observed with a smaller set. The effect has received much attention, but empirical evidence has been mixed so far. We describe the first study that attempts to confirm choice overload in a large online experiment, involving thousands of households making major purchases. The experiment was conducted by an online travel and price aggregator company, which offered...
Conflict Resolution by the Numbers
January 10, 2018
This essay of memorial appreciation of mathematician, game theorist, decision scientist and negotiation analyst Harvard professor Howard Raiffa explores some of Raiffa’s contributions to multi-party negotiations, as the number of negotiators (N …) and issues affect process choices in structuring negotiation. Howard Raiffa was an intellectual giant and a wise and kind man who influenced many decision scientists, negotiators, academics in many fields and practitioners of the art and science of decision...
January 10, 2018
This essay of memorial appreciation of mathematician, game theorist, decision scientist and negotiation analyst Harvard professor Howard Raiffa explores some of Raiffa’s contributions to multi-party negotiations, as the number of negotiators (N …) and issues affect process choices in structuring negotiation. Howard Raiffa was an intellectual giant and a wise and kind man who influenced many decision scientists, negotiators, academics in many fields and practitioners of the art and science of decision...
Legislating for an Effective and Legitimate System of Online Consumer Arbitration
January 9, 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,...
January 9, 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,...
