By Stephen Ware, a law professor at KU, in Lawrence, Kansas.

Principles of Alternative Dispute Resolution

Principles of Alternative Dispute Resolution
Principles of Alternative Dispute Resolution, in its third edition, is a Concise Hornbook, published by West Academic. More information is available by clicking on the photo.

Search This Blog

Thursday, July 19, 2018

Good Video Depicting Common Adversarial Tactics in Zero-Sum Negotiation

This good short negotiation video on Vimeo is produced at the University of North Carolina and depicts an automobile sale negotiation.

It depicts some adversarial tactics suited for zero sum negotiation about price.
For example, walking away from the table, keeping the other party waiting, adding a new demand late in negotiation, asking the other party's bottom line: "How much are you willing to pay?" And use of a team with a "Good cop, bad cop" (sales person "checks with manager").


Tuesday, June 26, 2018

Treaty to Enforce Mediated Settlements Internationally: "Singapore Convention on Mediation"

Yesterday, the United Nations Commission on International Trade Law (UNCITRAL) finalized a Convention on the Enforcement of Mediation Settlements and a Model Law for the same.

The convention will be known as the Singapore Convention on Mediation and is scheduled for adoption by the UN General Assembly later this year. On August 1, 2019, the convention will open for signature in Singapore. The final text is not yet online but the draft documents are: http://www.uncitral.org/uncitral/commission/sessions/51st.html



Friday, June 22, 2018

Grant Money for ADR Research

The American Arbitration Association-International Centre for Dispute Resolution Foundation is now accepting Initial Descriptions of Grant Requests. The Foundation will be "focusing on innovative and replicable proposals that provide ADR for vulnerable and underserved populations, or
ADR for community focused dispute resolution."

Interested organizations or individuals should submit a 1-2-page Initial Description of Grant Request no later than October 5, 2018.

Friday, June 8, 2018

Securities Dispute Resolution Triathlon

The Securities Dispute Resolution Triathlon is a joint initiative of the Hugh L. Carey Center for Dispute Resolution and the Financial Industry Regulatory Authority(FINRA). For two days, student teams from law schools around the country meet to test their advocacy skills in the negotiation, mediation and arbitration of a securities dispute.

Saturday, October 13, 2018 and Sunday, October 14, 2018

St. John's Manhattan Campus

101 Astor Place, New York, NY 10003


Registration

Sunday, May 20, 2018

Charles Craver Wins ABA Award for Outstanding Scholarly Work

Professor Charles Craver of George Washington University Law School is the 2018
recipient of the American Bar Association Section of Dispute Resolution’s Award for Outstanding Scholarly Work.

As the ABA says, "Professor Craver’s writing is prolific and influential. His work on negotiation,
particularly the modern use of distributive negotiation tactics and possible responses to them, has
spawned other research and changed how lawyers approach negotiation. He has written seven
ADR texts, including Effective Legal Negotiation and Settlement, first published in 1986 and
now in its 8th edition."

Thursday, April 5, 2018

The Negotiator's Desk Reference

The Negotiator's Desk Reference second edition has been published by Mitchell Hamline's DRI Press. It is edited by Andrea Schneider and Chris Honeyman, and contains contributions from many leading experts on negotiation.

Thursday, March 15, 2018

"Negotiation for Professional Women"

"Negotiation for Professional Women" is the subject of a May 21, 2018, workshop at the University of Maryland Francis King Carey School of Law, 500 W. Baltimore Street, Baltimore, MD 21201

Sunday, March 11, 2018

Awards for Outstanding ADR Scholarship


Annual awards by the International Institute for Conflict Prevention and Resolution (CPR):

Outstanding Professional Articles:


Winner: Art Hinshaw. “Regulating Mediators.” 21 Harvard Negotiation Law Review 163 (2016)



Joseph T. McLaughlin Original Student Article Award Winner: George Khoukaz. “ADR That is Out of This World: A Regime for the Resolution of Outer-Space Disputes.” Manuscript submitted for publication. Journal of Dispute Resolution (2017)


James Henry Award – The James F. Henry Award, named for CPR’s founder, recognizes “outstanding achievement by individuals for distinguished, sustained contributions to the field of dispute resolution.” Candidates for the award are evaluated for “leadership, innovation and sustaining commitment to the field.”

Winner: Gerald Aksen, Arbitrator & Mediator


Y-ADR Annual Writing Award – The 2018 Y-ADR Annual Writing Award for Efficient & Effective Collaboration Between Corporate Counsel and Outside Counsel was open to lawyers ages 45 or younger or those who have had fewer than eight years of professional experience in alternative dispute resolution (ADR) practice, including, but not limited to, as counsel, client, arbitrator, mediator, tribunal secretary or law clerk. The Y-ADR award is generously funded by Assurant, Inc., GlaxoSmithKline and White & Case LLP.

Winner: AlexanderG. Leventhal, Associate, Quinn Emanuel Urquhart & Sullivan, LLP. “Corporate Counsel are from Mars, Outside Counsel Are from Venus: Building a Successful Attorney-Client Relationship through Communication”

Friday, January 26, 2018

International Mediation and Law School Mediation Tournament

The International Academy of Dispute Resolution and Loyola University Chicago School Of Law’s Dispute Resolution Program Present the INADR World Mediation Congress and 17th Annual International Law School Mediation Tournament.

The Congress will take place March 6-7 and will feature speakers and workshops covering all things mediation, highlighted by “The Conflict of Politics and The Politics of Conflict: How to Think About and Respond to Political Conflicts” by Kenneth Cloke.

March 8-10, Loyola University Chicago School of Law will be hosting the mediation tournament with law students from around the world competing and learning about mediation.

Tuesday, January 9, 2018

Opportunity for law students and new lawyers interested in dispute resolution

The American Bar Association Section of Dispute Resolution Spring Conference in Washington, D.C., from April 4-7, has a discount available. You must be a law student at an accredited law school or an attorney with less than five years’ experience .

Tuesday, December 19, 2017

International Commercial Mediation

Realizing Rationality: An Empirical Assessment of International Commercial Mediation, by University of Missouri Law Professor S.I. Strong, is forthcoming in the Washington and Lee Law Review.

The abstract says "Numerous public and private entities have launched initiatives to encourage mediation in international commercial and investment disputes, and the United Nations Commission on International Trade Law (UNCITRAL) has taken up a proposal from the U.S. Government to consider whether a new treaty involving international commercial mediation is warranted."

Professor Strong's article "analyzes findings from the first-ever large-scale empirical study on international commercial mediation, providing hard data about current behaviors, beliefs and practices and testing fundamental theories about the use, nature and future of this particular process."

Monday, December 18, 2017

ADR Perspectives from Global Pound Conference

Pepperdine Law Professor Tom Stipanowich reports on the Kluwer Mediation Blog that

Recently, a series of day-long meetings styled as the Global Pound Conferences, conducted in cities worldwide, offered diverse stakeholders an opportunity to register perspectives on the current state and future of commercial dispute resolution. Each gathering brought together in-house lawyers and clients, external lawyers and consultants, providers of dispute resolution services, educators, government servants and others in order to elicit perspectives and encourage dialogue on dispute resolution, public and private.

Prof. Stipanowich summarizes the conclusions, including "According to Pound participants, efficiency—that is, the time and cost entailed in resolving a dispute outcome—was the most influential factor in choosing among dispute resolution processes (with a 61% ranking for the entire group, and 65% for “parties” (mainly in-house counsel)."

Monday, November 27, 2017

Mediation in Kansas

Advanced Mediation CLE - Mediating in Kansas Federal Court, a Continuing Legal Education program, is Friday, December 1, 2017, at the Kansas Law Center
1200 SW Harrison St., Topeka 66612

Check-in & Continental Breakfast start at 8:15 am. CLE begins at 9:00

Presenters Include:

Larry R. Rute, Associates in Dispute Resolution LLC.,Topeka
Susan Berson, Berson Law Group LLP., Overland Park
Dennis Gillen, Depew Gillen Rathbun & McInteer LC., Wichita
Steve Six, Stueve Siegel Hanson LLP, Kansas City, Mo
Diane H. Sorensen, Morris Laing Evans Brock & Kennedy, Chtd., Wichita
Hon. James O'Hara, Robert J Dole US Courthouse, Kansas City
Teresa J. James, Magistrate Judge, US District Court, District of Kansas, Kansas City
Henry Cox, Henry Cox Law Office, Shawnee





Monday, November 20, 2017

$5000 for Dispute Resolution Research, Competition Open

St. John's University's Hugh L. Carey Center for Dispute Resolution announces the 2018 Mangano Dispute Resolution Advancement Award.

The $5000 annual award recognizes scholars whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution.

Mangano Award Nomination Form
All submissions must be received no later than noon EST on Friday, December 8, 2017.