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Can Computers Be Fair? How Automated and Human-Powered Online Dispute Resolution Affect Procedural Justice in Mediation and Arbitration
December 28, 2017
Ayelet Sela, Post-Doctoral Research Fellow, Bar Ilan University Faculty of Law, has published “Can Computers Be Fair? How Automated and Human-Powered Online Dispute Resolution Affect Procedural Justice in Mediation and Arbitration,” Ohio State Journal on Dispute Resolution, Forthcoming. In her research paper, Dr. Sela examines the relationship between automated dispute resolution processes and procedural justice. Here is the abstract: In both private and public justice systems, online...
December 28, 2017
Ayelet Sela, Post-Doctoral Research Fellow, Bar Ilan University Faculty of Law, has published “Can Computers Be Fair? How Automated and Human-Powered Online Dispute Resolution Affect Procedural Justice in Mediation and Arbitration,” Ohio State Journal on Dispute Resolution, Forthcoming. In her research paper, Dr. Sela examines the relationship between automated dispute resolution processes and procedural justice. Here is the abstract: In both private and public justice systems, online...
Texas A&M School of Law Expands ADR Curriculum Under New Dispute Resolution Program Director
December 27, 2017
The Texas A&M University School of Law has beefed up its ADR curriculum after welcoming Professor Nancy Welsh as Director of the Aggie Dispute Resolution Program this fall. According to a Texas A&M news release, all first-year law students will now be required to enroll in a one-credit survey course addressing ADR mechanisms. The law school has also begun offering an upper-level mediation workshop twice per year. The news release states: With Welsh at the helm, Texas A&M...
December 27, 2017
The Texas A&M University School of Law has beefed up its ADR curriculum after welcoming Professor Nancy Welsh as Director of the Aggie Dispute Resolution Program this fall. According to a Texas A&M news release, all first-year law students will now be required to enroll in a one-credit survey course addressing ADR mechanisms. The law school has also begun offering an upper-level mediation workshop twice per year. The news release states: With Welsh at the helm, Texas A&M...
What Have We Learned From The Global Pound Conferences?
November 30, 2017
In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR). Despite these limitations, the Global Pound Conference poll leaves us with a number of general impressions about current dispute resolution practice, and raises several tantalizing prospects for future evolution....
November 30, 2017
In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR). Despite these limitations, the Global Pound Conference poll leaves us with a number of general impressions about current dispute resolution practice, and raises several tantalizing prospects for future evolution....
Good Cause Becomes Membership Drive: Senate Bill 539 Requires Additional Training for Family Mediators by January 1, 2018
November 22, 2017
Dear Fellow Mediators: The Texas Council on Family Violence (TCFV), who are the people that lobbied for the new requirement about 4 hours of Domestic Violence Training by January 1, 2018 for family law mediators, are going to provide it free from December 15, 2017, through December 31, 2017. Afterwards their training will cost $30 for a TCFV membership plus $25 each for the four training modules. Here is a copy of the email that TCFV sent out about the free training: [same as below] ************************ Good...
November 22, 2017
Dear Fellow Mediators: The Texas Council on Family Violence (TCFV), who are the people that lobbied for the new requirement about 4 hours of Domestic Violence Training by January 1, 2018 for family law mediators, are going to provide it free from December 15, 2017, through December 31, 2017. Afterwards their training will cost $30 for a TCFV membership plus $25 each for the four training modules. Here is a copy of the email that TCFV sent out about the free training: [same as below] ************************ Good...
Agreeing to Collaborate in Advance?
November 1, 2017
Collaborative law is steadily gaining popularity and acceptance as a way to solve legal disputes without the intervention of the court system. Under collaborative law, the attorneys are litigation-only counsel, and counsel and the parties agree to forego traditional litigation processes, such as discovery and motion practice, in favor of collaboration, free exchange of information, and settlement. An unexplored question exists regarding whether parties can agree in advance to use collaborative law in the event...
November 1, 2017
Collaborative law is steadily gaining popularity and acceptance as a way to solve legal disputes without the intervention of the court system. Under collaborative law, the attorneys are litigation-only counsel, and counsel and the parties agree to forego traditional litigation processes, such as discovery and motion practice, in favor of collaboration, free exchange of information, and settlement. An unexplored question exists regarding whether parties can agree in advance to use collaborative law in the event...
Don Philbin Recognized as Mediation “Thought Leader” by Who’s Who Legal
October 24, 2017
Also Recognized Again by Best Lawyers in America and Super Lawyers SAN ANTONIO, Oct. 10, 2017 /PRNewswire/ -- Attorney-Mediator...
October 24, 2017
Also Recognized Again by Best Lawyers in America and Super Lawyers SAN ANTONIO, Oct. 10, 2017 /PRNewswire/ -- Attorney-Mediator...
Trial and Error: Legislating ADR for Medical Malpractice Reform
October 23, 2017
Lydia R. Nussbaum, Associate Director of the Saltman Center for Conflict Resolution and Associate Professorof Law at the University of Nevada, Las Vegas, William S. Boyd School of Law, has published “Trial and Error: Legislating ADR for Medical Malpractice Reform,” Maryland Law Review, Vol. 76, No. 2, 2017. In her scholarly paper, Professor Nussbaum critically examines the State of Oregon’s recently established Resolution of Adverse Health Care Incidents Act. Here is the abstract: The...
October 23, 2017
Lydia R. Nussbaum, Associate Director of the Saltman Center for Conflict Resolution and Associate Professorof Law at the University of Nevada, Las Vegas, William S. Boyd School of Law, has published “Trial and Error: Legislating ADR for Medical Malpractice Reform,” Maryland Law Review, Vol. 76, No. 2, 2017. In her scholarly paper, Professor Nussbaum critically examines the State of Oregon’s recently established Resolution of Adverse Health Care Incidents Act. Here is the abstract: The...
Beyond ‘Managerial Judges’: Appropriate Roles in Settlement
September 25, 2017
Settlement is prevalent, and crucial to the functioning of the U.S. judicial system. But the pretrial regulatory framework in the courts is largely discretionary, and its emphasis on management does not fully take into account all the consequences of combining settlement with adjudication. The label “managerial judge” does not differentiate between the functions involved in managing a settlement process and the very different role of serving as a settlement neutral. By introducing this distinction,...
September 25, 2017
Settlement is prevalent, and crucial to the functioning of the U.S. judicial system. But the pretrial regulatory framework in the courts is largely discretionary, and its emphasis on management does not fully take into account all the consequences of combining settlement with adjudication. The label “managerial judge” does not differentiate between the functions involved in managing a settlement process and the very different role of serving as a settlement neutral. By introducing this distinction,...
Mediator Lee Jay Berman Named NADN’S 2017 Distinguished Neutral of the Year
September 16, 2017
On August 18th, the National Academy of Distinguished Neutrals (“NADN”) presented the organization’s inaugural “Distinguished Neutral of the Year” Award to Lee Jay Berman. The award was presented to the Los Angeles-based neutral “in recognition of excellence in mediation and ADR training.” According to an NADNpress release: A nationally-renowned mediator, Lee Jay Berman began mediating cases full-time in the mid-90’s, successfully resolving thousands of cases over the last...
September 16, 2017
On August 18th, the National Academy of Distinguished Neutrals (“NADN”) presented the organization’s inaugural “Distinguished Neutral of the Year” Award to Lee Jay Berman. The award was presented to the Los Angeles-based neutral “in recognition of excellence in mediation and ADR training.” According to an NADNpress release: A nationally-renowned mediator, Lee Jay Berman began mediating cases full-time in the mid-90’s, successfully resolving thousands of cases over the last...
ADR Legislative Update
September 11, 2017
As is his practice, Larson Frisby of the ABA Governmental Affairs Office has prepared his annual Federal Legislative Update, reporting on the status of federal ADR legislation and other related proposals and measures of interest to practitioners and public policy followers. Most prominent on the list is the CFPB’s final rule regulating the use of financial consumer pre-dispute arbitration agreements and requiring reporting of data concerning arbitrations that are held pursuant to such agreements....
September 11, 2017
As is his practice, Larson Frisby of the ABA Governmental Affairs Office has prepared his annual Federal Legislative Update, reporting on the status of federal ADR legislation and other related proposals and measures of interest to practitioners and public policy followers. Most prominent on the list is the CFPB’s final rule regulating the use of financial consumer pre-dispute arbitration agreements and requiring reporting of data concerning arbitrations that are held pursuant to such agreements....
