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.

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Wednesday, June 7, 2017

Arbitration in New York

Arbitration discussion in New York allows KU Law Professor Stephen Ware a nice detour to Washington Square Park.
Stephen Ware, KU Law Professor, Arbitration discussion New York

Thursday, June 1, 2017

Online Dispute Resolution in Which Court System Helps Individuals

Interesting paper, ODR and Justice System Integration: B.C.'s Civil Resolution Tribunal, in the Windsor Yearbook of Access to Justice, by Shannon Salter of Peter A. Allard School of Law, University of British Columbia.

The description of the Civil Resolution Tribunal sounds very user-friendly for individuals. For example:

Before beginning a claim with the CRT, a person with a dispute can access a free online tool called the Solution Explorer, which uses guided pathways to help a person learn more about their dispute so that they can make informed choices about how to resolve it. The Solution Explorer asks a series of questions about the dispute, and then provides information and resources tailored to that dispute.  For example, someone contesting a condominium bylaw fine might be given information about the applicable provisions of the Strata Property Act as well as a template letter to edit and send to their condominium council. At the end of the pathway, the Solution Explorer provides a summary of the person’s claims, as well as recommended resources and next steps.   

Friday, May 12, 2017

Win $1000 in Law Student Writing Competition on ADR

Law students can win $1000 in the Boskey Law Student Essay Contest on Dispute Resolution, sponsored by the ABA Section of Dispute Resolution in memory of James B. Boskey, a Seton Hall University law professor, and mediator.

June 16, 2017, is the deadline for entries.

Friday, May 5, 2017

Mediation Training in Chicago

Managing the Negotiation Within: Internal Family Systems Training for Mediators and Lawyers is July 8-9 at Northwestern Pritzker School of Law

The announcement:

When embattled parties come to the mediation or negotiation
table, they are often awash in emotions and impulses that make
for difficult interactions and impasses. The Internal Family
Systems (IFS) model provides a language and framework for
helping each party identify and speak for the fearful, enraged,
or wounded parts of themselves that are driving the conflict,
and feel witnessed by the other. Once these behind-the-scenes
feelings are revealed, the atmosphere in the room often shifts
and the parties are more willing to de-escalate their conflict and
discuss their issues from a calmer, more mindful place. In
addition, IFS offers mediators and lawyers clear, practical ways
to work with their own emotions. This program is led by IFS
Founding Developer Dick Schwartz and BLC Founder David
Hoffman.

Wednesday, April 26, 2017

Consumer Dispute Resolution Online


The New Handshake: Online Dispute Resolution and the Future of Consumer Protection is a new book by Missouri Law Professor Amy J. Schmitz and Modria.com Co-Founder Colin Rule. The book "uses Online Dispute Resolution (ODR) to provide fast and fair resolutions for low-dollar claims, such as those in most B2C (Business-to-Consumer) contexts."

Monday, April 3, 2017

Securities Dispute Resolution Triathlon

The Securities Dispute Resolution Triathlon is jointly run by St. John's University Law School 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.

The Securities Dispute Resolution Triathlon is now accepting teams.

Tuesday, March 14, 2017

Best Alternative To a Negotiated Agreement (“BATNA”)

The Best Alternative To a Negotiated Agreement (“BATNA”) is an important concept in negotiation. BATNAs in Negotiation: Common Errors and Three Kinds of ‘No’ by Harvard Business Professor James K. Sebenius elaborates. The abstract:

The best alternative to a negotiated agreement (“BATNA”) concept in negotiation has proven to be immensely useful. In tandem with its value in practice, BATNA has become a wildly successful acronym (with more than14 million Google results). But the initial characterization of this concept in Getting to Yes (Fisher, Ury, and Patton 1991) as well as many later interpretations can be problematic, limiting, and even misleading in several ways, which this article analyzes and illustrates. First, early characterizations could be easily read to imply that one’s BATNA could not itself be a negotiated agreement. Second, and more seriously, common descriptions of one’s BATNA as the “best outside option, independent of the other side” needlessly limit its applicability, especially in the many bargaining relationships in which BATNAs are inherently interdependent. Third, BATNAs are often mistakenly described mainly as “last resorts” relevant only in case of impasse or “if the other side is more powerful.” Other uses of the term “BATNA” such as the common question, “How do I negotiate if I have no BATNA?” reflect misconceptions. Although savvy negotiators and analysts generally avoid these pitfalls, the less sophisticated can go astray. This article offers robust correctives to these misimpressions and relates these to three different kinds of “no” in negotiation: a “tactical no,” a “re-set no” that permits away-from-the-table moves to favorably alter the underlying setup, and a “final no.”

Wednesday, January 18, 2017

Mediation in Ireland

A bill in Ireland would obligate lawyers (barristers and solicitors) to advise their clients to consider using mediation to resolve disputes. "In addition, when court proceedings are launched, it will also oblige the parties to confirm to the court they have been advised about the mediation option, and have considered it." The Irish Times goes on to say "The Bill will be received as a significant move to place the mediation option at the centre of the legal process."

Monday, January 16, 2017

Sunday, December 4, 2016

$5000 Prize in Open Competition for ADR Research

St. John's University School of Law's Hugh L. Carey Center for Dispute Resolution awards $5000 each year to scholars "whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution."

The Mangano Dispute Resolution Advancement Award Nomination Form

Friday, October 7, 2016

Sunday, September 4, 2016

Ethics of Mediators Appointed by Courts and Bankruptcy Trustees

Saint John's University law professor Elayne Greenberg writes "we have all wondered at times why certain mediators seem to be favored over others and to what degree 'cronyism' and 'patronage' influence mediator selection." This is part of her Ethical Compass article, The Smith Case: Is the Glass Half Full?