ADR in the Context of Criminal Cases

Negotiating Crime: Plea Bargaining, Problem Solving, and Dispute Resolution in the Criminal Context, is a new book focusing on plea bargaining and other use of alternative dispute resolution in the context of criminal cases. It is authored by law professors Cynthia Alkon  (Texas A&M) and Andrea Schneider (Marquette).

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.

Gender and Negotiation

“Gender and Negotiation: What About the Guys?” is the topic of a March 1, 2018, lecture by Marquette University law professor Andrea Schneider. The lecture is at the UNLV William S. Boyd School of Law from 6:00-7:00 p.m.

ADR Professors Confer at SEALS

On the indispensable ADR blog Indisputably, John Lande has posted photos of ADR professors working on a book project reconsidering classic dispute resolution articles. This photo includes in the back row Peter Reilly, Erin Archerd, Rishi Batra, Steve Ware, and in the front row Jill Gross, Andrea Schneider, Art Hinshaw, and Sarah Cole.

Negotiating with the Dangerous (Terrorists, etc.)

Andrea Schneider (Marquette University Professor of Law) is the keynote speaker of this Negotiating with the Dangerous symposium at Fordham Law School.

Gender Differences in Dispute Resolution Practice

Gina Brown and Marquette Law Professor Andrea Schneider report survey results: "certain practice areas are far more male and certain others are quite female. Second, it appears to matter how the neutral is selected in mediation. Networking resulted in only 29% women while provider lists resulted in an increased percentage of 47%. Finally, arbitration and mediation are not the same for gender integration. Arbitration seems to hold steady at 20% regardless of selection process and even decreases further in panel arbitrations."

Among their recommendations: "in three arbitrator panels, when considering equally qualified candidates, there should be a presumption that a woman be selected as part of a panel. Furthermore, neutrals need to be aware that personal networks still appear to be the primary source of referrals and that these networks need to be strengthened and broadened to include women.... Courts, provider organizations, agencies, and other organizations that administer and oversee ADR programs should be encouraged to use lists and the lists themselves should be broadened to include more women. ... Additional efforts in certain practice areas (commercial, construction, etc.) are likely warranted with a targeted program to identify and encourage women and minorities to serve as neutrals."

Making Negotiation Theory Implemented, Interdisciplinary, and International

Andrea Schneider, Marquette University Law Professor, grapples with some heavy theory: "Negotiation can be thought of as the tool that facilitates conflict engagement and resolution. As part of, and yet different from, conflict theory, negotiation theory has had a separate parallel development in the last 30 years. The challenges for negotiation theory in the future are similar to those found in the broader conflict theory – ensuring that negotiation theory can be implemented by practitioners; making sure that negotiation theory draws upon a multitude of disciplines; and includes theories, experiences and culture from around the world. The development of negotiation theories in law schools – where communication to resolve disputes is part of the job description – highlights the importance of pracademics and demonstrates how we need effective theories to engage in conflict."

International Journal of Conflict Engagement and Resolution, Vol. 1, No. 2, 2013;

Andrea Schneider on Plea Bargaining

Marquette Law Professor Andrea Schneider on plea bargaining here at the ADR Prof Blog.  She cites a recent Human Rights Watch report and her study in describing plea bargaining as a "negotiation system that is fundamentally flawed."  The New York Times story she cites: "Prosecutors respond that using leverage to obtain plea bargains with clearly guilty defendants is a sound way to conserve resources and obtain cooperation."  "William G. Otis, an adjunct professor at the Georgetown University Law Center and a former federal prosecutor, said that the reason defendants were in a poor bargaining position was not a result of prosecutors’ abuse, but because “there is solid proof they committed a crime.”