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ADR
Global Pound Conference Aggregated Voting Results
June 5, 2017
The initial results are already surprising. They suggest that what people most often use or recommend for resolving commercial or civil disputes is not what they really think is best or want. Although adjudicative processes are the primary way disputants still tend to resolve commercial and civil disputes today, that is not what any of the experienced stakeholders (judges, arbitrators or lawyers included) seem to be recommending. Another surprise is what shapes these recommendations and the disputants’...
June 5, 2017
The initial results are already surprising. They suggest that what people most often use or recommend for resolving commercial or civil disputes is not what they really think is best or want. Although adjudicative processes are the primary way disputants still tend to resolve commercial and civil disputes today, that is not what any of the experienced stakeholders (judges, arbitrators or lawyers included) seem to be recommending. Another surprise is what shapes these recommendations and the disputants’...
Inside the Arbitrator’s Mind
May 24, 2017
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional...
May 24, 2017
Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional...
Designing Your Resolution Room
May 7, 2017
At Modria, we refer to the place where two parties (e.g. a buyer and a merchant) go to resolve a dispute (i.e. a transaction problem) as a “resolution room.” A well-designed resolution room is essential to the success of any online dispute resolution system or platform. It instantly puts your users at ease by ensuring them that they are in the right place, and that their problem will get a fast, easy solution. But designing a resolution room for your website can be difficult. Transaction...
May 7, 2017
At Modria, we refer to the place where two parties (e.g. a buyer and a merchant) go to resolve a dispute (i.e. a transaction problem) as a “resolution room.” A well-designed resolution room is essential to the success of any online dispute resolution system or platform. It instantly puts your users at ease by ensuring them that they are in the right place, and that their problem will get a fast, easy solution. But designing a resolution room for your website can be difficult. Transaction...
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution
April 25, 2017
Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly...
April 25, 2017
Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly...
Tackling Abuse in Sport Through Dispute System Design
April 23, 2017
Reports of sexual abuse in the youth sports community require sport at every level to be concerned about ensuring the emotional and physical safety of its athletes. To address the problem of sexual abuse in sport, the U.S. Olympic Committee (USOC) commissioned a Working Group on Safe Training Environments, which employed a Dispute System Design (DSD) process in undertaking a comprehensive study focused on the issue of abuse in sport and how to provide a safe training athletic environment for athletes...
April 23, 2017
Reports of sexual abuse in the youth sports community require sport at every level to be concerned about ensuring the emotional and physical safety of its athletes. To address the problem of sexual abuse in sport, the U.S. Olympic Committee (USOC) commissioned a Working Group on Safe Training Environments, which employed a Dispute System Design (DSD) process in undertaking a comprehensive study focused on the issue of abuse in sport and how to provide a safe training athletic environment for athletes...
U.S. DOJ’s Report on ADR Success
April 14, 2017
The United States Department of Justice, Office of Legal Policy's Office of Dispute Resolution released its "Fiscal Year 2016 Annual Report." The report shows the effects of alternative dispute resolution processes as reported by DOJ attorneys. Among the findings: DOJ attorneys estimate they avoided litigation expenses of more than $70 million; Settlements were better than the expected value of trial in 72% of settled cases; Additional benefits--such as the resolution of discovery...
April 14, 2017
The United States Department of Justice, Office of Legal Policy's Office of Dispute Resolution released its "Fiscal Year 2016 Annual Report." The report shows the effects of alternative dispute resolution processes as reported by DOJ attorneys. Among the findings: DOJ attorneys estimate they avoided litigation expenses of more than $70 million; Settlements were better than the expected value of trial in 72% of settled cases; Additional benefits--such as the resolution of discovery...
Pepperdine Is #1 In ADR, #5 In Practical Training
March 31, 2017
For the twelfth time in thirteen years, Pepperdine Law School's Straus Institute has been ranked the #1 dispute resolution program in the country by U.S. News & World Report. Congratulations to Tom Stipanowich and his faculty and staff colleagues for this well deserved recognition of the amazing academic programs and training and conferences they offer. Congratulations to Jeff Baker, Tom Stipanowich and their faculty and staff colleagues for delivering such a wide array of experiential...
March 31, 2017
For the twelfth time in thirteen years, Pepperdine Law School's Straus Institute has been ranked the #1 dispute resolution program in the country by U.S. News & World Report. Congratulations to Tom Stipanowich and his faculty and staff colleagues for this well deserved recognition of the amazing academic programs and training and conferences they offer. Congratulations to Jeff Baker, Tom Stipanowich and their faculty and staff colleagues for delivering such a wide array of experiential...
Exploring the Interplay between Mediation, Evaluation and Arbitration in Commercial Cases
March 29, 2017
Thomas Stipanowich, Academic Director for the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at Pepperdine University School of Law, and Veronique Fraser, Group for the Prevention and Resolution of Disputes (G-PRD) and Assistant Professor of Law at the University of Sherbrooke, have published “The International Task Force on Mixed Mode Dispute Resolution: Exploring the Interplay between Mediation, Evaluation and Arbitration in Commercial...
March 29, 2017
Thomas Stipanowich, Academic Director for the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at Pepperdine University School of Law, and Veronique Fraser, Group for the Prevention and Resolution of Disputes (G-PRD) and Assistant Professor of Law at the University of Sherbrooke, have published “The International Task Force on Mixed Mode Dispute Resolution: Exploring the Interplay between Mediation, Evaluation and Arbitration in Commercial...
US DOJ Use and Benefits of ADR
March 20, 2017
Use and Benefits of Alternative Dispute Resolution by the Department of Justice Fiscal Year 2016 Report Statistical...
March 20, 2017
Use and Benefits of Alternative Dispute Resolution by the Department of Justice Fiscal Year 2016 Report Statistical...
Decalogue of Good Practices for Electronic Mediation
March 16, 2017
Aura Esther Vilalta, Senior Lecturer in Civil Law at the University of Oberta Cataluña, has written “Decalogue of Good Practices for Electronic Mediation,” Emedeu Project Edition, Forthcoming. In her publication, Ms. Vilalta offers a variety of recommendations that may help practitioners appropriately manage online mediation services. Here is the abstract: Recently, many entities specialising in alternative dispute resolution have incorporated information and communication technologies...
March 16, 2017
Aura Esther Vilalta, Senior Lecturer in Civil Law at the University of Oberta Cataluña, has written “Decalogue of Good Practices for Electronic Mediation,” Emedeu Project Edition, Forthcoming. In her publication, Ms. Vilalta offers a variety of recommendations that may help practitioners appropriately manage online mediation services. Here is the abstract: Recently, many entities specialising in alternative dispute resolution have incorporated information and communication technologies...
