Arbitration in New York

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

My New Book on Arbitration, Negotiation, Mediation and Other Process of ADR (Alternative Dispute Resolution)

Principles of Alternative Dispute Resolution (3d edition, 2016) is a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation, and other processes).

Available from the publisher, West Academic
and on Kindle from Amazon

Collection of Alternative Dispute Resolution Course Syllabi Linked

University of Missouri Law Professor John Lande updated this excellent collection of syllabi for courses including Alternative Dispute Resolution, Arbitration, Comparative and International Dispute Resolution, Mediation and Negotiation.

Thanks also to John for his pleasant and insightful dinner conversation a few days ago. ;-)

Alternative Dispute Resolution (Negotiation, Mediation, and Arbitration) on Twitter

This very helpful list of Twitter feeds compiled by

J. Haskell Murray, J.D.

Assistant Professor of Management and Business Law

Belmont University

1900 Belmont Boulevard

Jack C. Massey Business Center, Office 438

Nashville, Tennessee 37212

Phone: 615-460-6395

Email: haskell.murray@belmont.edu

Profile │ Research │ Twitter

Business Law Professor Blog

Online Mediation and Online Arbitration

Teaching online dispute resolution through a simulation exercise by Noam Ebner of Creighton University School of Law's Werner Institute for Negotiation and Dispute Resolution. His abstract:

BeatleMania! is a simulation for studying and experiencing online dispute resolution. Two parties to an eBay transaction gone awry, regarding the sale of Beatles memorabilia, set out to resolve their differences with the assistance of a third party mediator.
This simulation is structured to allow communication to be conducted though any online medium selected jointly by the parties and mediators. In other words, the storyline supports this mediation being conducted via email, videoconferencing or other media. teachers can instruct students regarding use of specific media, if they prefer to focus on a particular medium.


Also, I recently learned about equibbly which advertises:

Avoid the Nightmare of Going to Court 

Have a former Court Judge decide your case online in under two weeks 

Save time and money. Using eQuibbly is quicker, cheaper and more convenient than going to small claims court to settle your dispute.

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."

ADR and Class Actions

Although (or perhaps because) this article fits in the Journal of Tort Law it offers a useful perspective on the similarities between ADR and class actions and what may be the hottest issue in arbitration law--whether to enforce arbitration clauses that relinquish the right to proceed on a class, rather than individual, basis.

The article is "Settlement, ADR, and Class Action Superiority" by Houston Law Prof D Theodore  Rave

The Psychology of Procedural Preference: How Litigants Evaluate Legal Procedures Ex Ante

UC Davis Law Professor Donna Shestowsky's PhD in psychology along with her law degree enable her to do a lot of interesting research on ADR.  She surveys civil litigants at the start of their cases and finds that litigants like mediation, bench trial, and negotiations with both lawyers and clients present.  She also finds, as Andrea Schneider puts it,  that "Repeat players – those who had been either a defendant or plaintiff in a prior case – liked the idea of using binding arbitration for their case more than first-time litigants. 'This finding resonates with the idea that repeat litigants are more likely than first-time litigants to appreciate the fact that trials are often associated with painful, protracted discovery and the threat of an appeal.'”

ADR Prof Blog

The ADR Prof Blog has good posts by Professors

Andrea Schneider

Michael Moffitt

Sarah Cole

Art Hinshaw

Jill Gross

Cynthia Alkon

Paul Kirgis

Jennifer Reynolds

Principles of Alternative Dispute Resolution

Principles of Alternative Dispute Resolution on Google Books and Amazon

Arbitration articles

Arbitration articles here
http://stephenwarekukansasarbitration.blogspot.com/

ADR in cyberspace

Ware, Stephen J. and Rudolph Cole, Sarah, ADR in Cyberspace. Ohio State Journal on Dispute Resolution, Vol. 15, No. 3, 2000. Available at SSRN: http://ssrn.com/abstract=993448  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=993448