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Articles 1 - 7 of 7
Full-Text Articles in Law
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 …