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Articles 1 - 30 of 36
Full-Text Articles in Law
Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice, Zaina Afrassiab
Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice, Zaina Afrassiab
Journal of Dispute Resolution
Children are taught the most basic common courtesy, apologizing, not long after they learn to speak. While children are expected to say, “I’m sorry,” there are different expectations of and consequences for adults, particularly in professional settings. “As we age, it becomes more difficult to acknowledge harms caused because . . . we are . . . afraid of the consequences that truth-telling sometimes demands.” Can physicians tell patients they are sorry? Should they? In recent years, amidst an ever-increasing fear of litigation, so-called physician apology laws have gained traction in the United States. In fact, apology laws—revisions of state …
Blockchain And The Inevitability Of Disputes: The Role For Online Dispute Resolution, Orna Rabinovich-Einy, Ethan Katsch
Blockchain And The Inevitability Of Disputes: The Role For Online Dispute Resolution, Orna Rabinovich-Einy, Ethan Katsch
Journal of Dispute Resolution
Blockchain seems to be everywhere these days. It is touted as the new foolproof technology, which can be used for everything from cryptocurrencies, through land registries to identity cards and health records. Enthusiasts have predicted that it will bring about deep change, ensuring data security and identity authentication, while doing away with traditional intermediaries. With blockchain we are told that it is the “new internet,” an application that will change the way we transact—strengthening commitments and ensuring seamless execution. At the same time, and at an alarming frequency, we hear about mass scale fraudulent schemes attacking cryptocurrency exchanges, resulting in …
Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Allen Larson
Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Allen Larson
Journal of Dispute Resolution
State court systems rather suddenly are showing a tremendous interest in adopting court-integrated ODR systems. I have been involved with ODR system design for almost twenty years, and for the great majority of that time all the significant progress came from independent private sector alternative dispute resolution providers such as Modria (now part of Tyler Technologies Inc) and SmartSettle, or business-specific embedded systems like the one for eBay. Courts systems now are increasingly interested in ODR, which is significant because sustainability has been one of the greatest challenges for private independent ODR providers. The financial support that a judicial system …
“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo, Jonathan Ence
“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo, Jonathan Ence
Journal of Dispute Resolution
On October 5, 2017, the New York Times published an exposé of Harvey Weinstein, an influential film producer, which sparked what came to be known as the #METOO movement. As part of the report, Ashley Judd and numerous other actresses outed Weinstein for using his position of power to rape, sexually assault, and sexually abuse them–accusations that spanned over thirty years. Inspired by the courage of these women, countless others came forward to share their stories of sexual assault by individuals in positions of power. Survivors of sexual assault appeared to garner strength against their attackers as men in power …
Mind The Gap: Bringing Technology To The Mediation Table, Alyson Carrel, Noam Ebner
Mind The Gap: Bringing Technology To The Mediation Table, Alyson Carrel, Noam Ebner
Journal of Dispute Resolution
As technology impacts every aspect of our lives, all professions are exploring how to benefit from use of technology. Mediation is no exception. Since the mid-1990s, the field has explored applying technology to resolve conflict. At an early point this exploration narrowed in on substituting physical convening with wholly-online processes. Conflating “technology” with “online,” however, left an entire practice area unaddressed, a gap we need to mind: application of technology to support traditional, in-person mediation processes. Indeed, today, most mediation processes are largely bereft of technology. This Article suggests that by not minding the gap, traditional mediation forgoes opportunities to …
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Journal of Dispute Resolution
Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …
E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts, Ayelet Sela
E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts, Ayelet Sela
Journal of Dispute Resolution
Justice systems around the world are launching online courts and tribunals as a means to improve their efficiency, increase access to justice, and ameliorate the quality of proceedings. These online courts and tribunals are publicly administered judicial online dispute resolution (ODR) systems that enable litigants, lawyers, judges and court personnel to complete all litigation related activities, from filing through final disposition, on a dedicated digital platform. Online courts are envisioned as a promising response to many challenges that civil justice systems face, including those stemming from voluminous case filings, procedural complexity, limited accessibility, high costs of litigation, and the ubiquity …
Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?, George Fowler
Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?, George Fowler
Journal of Dispute Resolution
While speaking before the Heritage Foundation in the summer of 2017, Michael Piwowar, Commissioner of the SEC, sparked controversy when he mentioned that companies undertaking IPOs may have an option to include mandatory shareholder arbitration provisions. Following this statement, he went as far as suggesting that companies that have considered undertaking IPOs should “come to us to ask for relief to put in mandatory arbitration into their charters.” This “relief” refers to “the SEC … revers[ing] its position that arbitration violates the Securities and Exchange Act of 1934, bringing the commission back in line with current Supreme Court precedent.” While …
Understanding Actual Dr Practice And Communicating Clearly About It, John M. Lande
Understanding Actual Dr Practice And Communicating Clearly About It, John M. Lande
Faculty Blogs
This post recommends we develop a common language of dispute resolution and increasingly use qualitative research methods.
Helping People Make Hard Decisions – And Making Them Ourselves, John Lande
Helping People Make Hard Decisions – And Making Them Ourselves, John Lande
Faculty Blogs
This post discusses surgeon Atul Gawande’s wonderful book, Being Mortal: Medicine and What Matters in the End, which critiques the way that the medical profession helps elderly patients make decisions. The post notes similarities with lawyers’ interactions with clients to help them make decisions in legal cases. It argues that Dr. Gawande’s prescriptions for medical practice also are relevant to legal practice. Lawyers generally should do a better job of listening to their clients, providing reasonably clear and accurate information about potential risks and benefits, helping them make hard decisions, and respecting their autonomy.
Planning For Good Quality Decision-Making In Mediation Using Two-Stage Mediation, John Lande
Planning For Good Quality Decision-Making In Mediation Using Two-Stage Mediation, John Lande
Faculty Blogs
This post describes risks of unplanned one-session mediations, planning for two-stage mediation, and benefits and risks of two-stage mediation.
Michael Buenger’S Great Keynote Address At The Aba Court Adr Conference, John Lande
Michael Buenger’S Great Keynote Address At The Aba Court Adr Conference, John Lande
Faculty Blogs
This post discusses the keynote address at the ABA Court ADR Conference, delivered by Michael Buenger, the executive vice-president and chief operating officer of the National Center for State Courts. His talk, Rethinking the Delivery of Justice in a Self-Service Society, focused on the changes needed to deal with social and technological changes in the present and future. He described the reality that the courts and “alternative” dispute resolution are becoming increasingly integrated, and he argued that we need to plan better so that this combined system can better serve the public.
Impressive Report On Worldwide Dispute System Needs And Design, John Lande
Impressive Report On Worldwide Dispute System Needs And Design, John Lande
Faculty Blogs
This post highlights a report of the Hague Institute for Innovation of Law, Understanding Justice Needs: The Elephant in the Courtroom. It shows how legal service providers and courts could embrace user-centered innovation and delivery of fair solutions.
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Faculty Publications
Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and par-ties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Faculty Publications
Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public …
Federal Common Law Versus Agency Power: An Essay On Epic Systems Corporation V. Lewis, Daniel T. Deacon
Federal Common Law Versus Agency Power: An Essay On Epic Systems Corporation V. Lewis, Daniel T. Deacon
Journal of Dispute Resolution
No abstract provided.
The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier
The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier
Journal of Dispute Resolution
No abstract provided.
Teaching Democracy Through Practice: Collaborative Governance On Campus, Lisa Blomgren Amsler, Elise Boruvka
Teaching Democracy Through Practice: Collaborative Governance On Campus, Lisa Blomgren Amsler, Elise Boruvka
Journal of Dispute Resolution
No abstract provided.
The Impact Of Epic Systems In The Labor And Employment Context, Lisa Gelernter
The Impact Of Epic Systems In The Labor And Employment Context, Lisa Gelernter
Journal of Dispute Resolution
No abstract provided.
State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon
State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon
Journal of Dispute Resolution
No abstract provided.
Private Ordering And Commercial Arbitration: Lasting Lessons From Mentschikoff, Stephen J. Ware
Private Ordering And Commercial Arbitration: Lasting Lessons From Mentschikoff, Stephen J. Ware
Journal of Dispute Resolution
No abstract provided.
Vade Mecum: Mediators And Disputes Involving Insurance, Robert H. Jerry Ii
Vade Mecum: Mediators And Disputes Involving Insurance, Robert H. Jerry Ii
Journal of Dispute Resolution
No abstract provided.