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Articles 1 - 30 of 1029
Full-Text Articles in Dispute Resolution and Arbitration
Symposium Introduction: Artificial Intelligence, Real Attorneys, And The Art Of Lawyering: Utilizing The Tools Of Ai To Enhance, Not Inhibit, Our Humanity, Carli N. Conklin
Symposium Introduction: Artificial Intelligence, Real Attorneys, And The Art Of Lawyering: Utilizing The Tools Of Ai To Enhance, Not Inhibit, Our Humanity, Carli N. Conklin
Journal of Dispute Resolution
In recent years, legal academia has seen a proliferation of symposia and conferences focused on the interrelationship between the increasing prevalence and sophistication of artificial intelligence, and the opportunities and challenges AI provides for our work in legal teaching, legal research and writing, and the practice of law. Here at the University of Missouri Center for the Study of Dispute Resolution and Journal of Dispute Resolution, we could not help but think about the rise of artificial intelligence in the practice of law through a dispute resolution lens. More specifically, we became increasingly curious about the unfolding interplay between artificial …
The Limits Of Disclosure: Artificial Intelligence, Arbitration, And The Illusion Of Informed Consent, Rishi Batra
The Limits Of Disclosure: Artificial Intelligence, Arbitration, And The Illusion Of Informed Consent, Rishi Batra
Journal of Dispute Resolution
Consider the following scenario: A warehouse worker brings a wage and hour claim against her employer under her state's labor code. Her employment contract, which she signed on her first day of work, contains a mandatory arbitration clause that she did not negotiate, did not fully read, and — like most employees in her situation — did not fully understand. An arbitrator is appointed, a hearing is held, and an award is issued in the employer's favor several weeks later, denying the employee's claims entirely. The award is well-organized and internally consistent, addressing each of the worker's claims with what …
A Decade Of Change: Technology’S Impact On Negotiation Deepens In The Age Of Ai, Noam Ebner
A Decade Of Change: Technology’S Impact On Negotiation Deepens In The Age Of Ai, Noam Ebner
Journal of Dispute Resolution
When people consider the notion of negotiation changing, they tend to look first toward that magnificent negotiation construct, “the table.” Here are some immediately apparent areas of table-novelty: • There is often a screen on our table, rather than another person sitting across from us. • The table we “go” to negotiate at is not in our office or that of our counterpart; rather, it is a communications system such as email or an online platform developed by a third-party provider. • The table, in its online-platform form, sometimes structures process and facilitates communication in ways that our trusty old …
Artificial Intelligence, Real Humans, And The Art Of Lawyering: Reflections From Practice, Jenna Homeyer
Artificial Intelligence, Real Humans, And The Art Of Lawyering: Reflections From Practice, Jenna Homeyer
Journal of Dispute Resolution
René Descartes famously stated, “I think, therefore I am.” As artificial intelligence (“AI”) increases in prevalence throughout society and the field of law, we might ask ourselves, who are we if we allow AI to think for us? This symposium began with a question about the interplay between artificial intelligence and the human skills present in the art of lawyering. After using AI in my legal practice for the past two and half years, I can attest that there remains a very human skill set that is necessary to the art of good or effective lawyering. AI can be a …
Rps Mediator Coachbuilder, John Lande
Rps Mediator Coachbuilder, John Lande
Journal of Dispute Resolution
Instructions for AI Tool
Using Ai Centaur Systems To Strengthen Professional Judgment, John Lande
Using Ai Centaur Systems To Strengthen Professional Judgment, John Lande
Journal of Dispute Resolution
This article encourages dispute resolution practitioners to use artificial intelligence (AI) “centaur” systems, which may perform better than either humans or AI tools operating independently. Centaur systems combine human and AI capabilities so that each contributes complementary strengths in decision-making. This is particularly important in managing legal disputes, where practitioners should integrate analysis of legal issues, tangible and intangible costs, strategic judgment, and ethical considerations.
The Life And Work Of Odr Visionary And Architect Colin Rule (So Far), John Lande
The Life And Work Of Odr Visionary And Architect Colin Rule (So Far), John Lande
Journal of Dispute Resolution
Many people know Colin Rule as a pioneer of online dispute resolution. Fewer people probably appreciate the full breadth of his contributions over the last three decades. This article reviews Rule’s work as a builder of dispute resolution systems, writer, educator, entrepreneur, and institutional leader. It highlights recurring themes in his career and scholarship, including trust, fairness, usability, access to justice, and the need to keep human judgment at the center of technological innovation.
Cooling Conflict: Embedding Mediation Protocols In Data Center Land Sale Contracts, Allison Elias
Cooling Conflict: Embedding Mediation Protocols In Data Center Land Sale Contracts, Allison Elias
Journal of Dispute Resolution
Imagine a two-thousand-acre plot of land in rural Louisiana being leveled to accommodate a 10 billion dollar data center. With the construction of this data center comes the destruction of a region inhabited by rich plant and animal life as well as 80,000 residents, a quarter of whom live below the poverty line. Alternatively, think of a $750 million data center being built next door to your home, causing sediment build-up in your water supply, water scarcity, light pollution, and destruction of neighboring forests. Unfortunately, one does not have to imagine these scenarios. Both stories come directly from recent news …
Reports Of Legal Writing’S Death Are Greatly Exaggerated: Why Generative Ai Will Not Kill The Craft, Jayne T. Woods
Reports Of Legal Writing’S Death Are Greatly Exaggerated: Why Generative Ai Will Not Kill The Craft, Jayne T. Woods
Journal of Dispute Resolution
In preparing for this essay, I typed the phrase “legal writing is” into Google to see how common searches finished the thought. The only completed thought to appear was “legal writing is hard.” Amen. Legal writing is an amalgamation of logical reasoning, cognitive psychology, classical rhetoric, legal terminology, legal citation, and proper grammar and style, all of which must result in a product accessible to readers of all education levels. When generative AI arrived, producing cogent, plausible legal prose in seconds, it led many to believe that writing, generally, and legal writing, specifically, had reached the end of days.
Mirror, Mirror On My Screen, Can You Feel Like A Human Being?, Lauren A. Newell
Mirror, Mirror On My Screen, Can You Feel Like A Human Being?, Lauren A. Newell
Journal of Dispute Resolution
We cannot go anywhere without encountering artificial intelligence (AI) these days. AI has infiltrated our phones, our cars, and our washing machines. It is with us in doctors’ offices, at the drive-through, and at sporting events. It has taken over our calendars and our inboxes and our videoconferences, and it would like to help us brush our teeth, too.
Justice After Atrocity: Lessons From Rwanda And Cambodia For Contemporary International Law And Conflict, Jennie Hubbard
Justice After Atrocity: Lessons From Rwanda And Cambodia For Contemporary International Law And Conflict, Jennie Hubbard
Journal of Dispute Resolution
In the aftermath of mass atrocity, the question facing survivors and policymakers is not whether societies will rebuild but how rebuilding will address truth, justice, and memory. Modern transitional justice systems trace institutional and normative roots to the post—World War II order, most famously embodied by the Nuremberg Trials, which first established that individuals could be held accountable for crimes against humanity. Nuremberg did more than punish Nazi officials; it articulated a legal and moral principle that the international community could, and sometimes must, assert jurisdiction to address mass crimes when domestic systems fail. Despite that precedent, global reactions to …
Beyond City Limits: Access To Adr And Child Client-Directed Counsel In Missouri’S Rural Family Courts, Reghan Matlock
Beyond City Limits: Access To Adr And Child Client-Directed Counsel In Missouri’S Rural Family Courts, Reghan Matlock
Journal of Dispute Resolution
Reba McEntire once sang, “Don’t trust your soul to no backwoods southern lawyer”—a warning that still echoes in today’s debates about rural justice and representation. The catchy murder ballad captures a story driven by dramatic family ties and a broken justice system. While the song exaggerates for effect, it taps into a realistic concern: an existing divide in access to justice between rural and urban communities. This divide impacts all areas of law, including family law—where concerns about confidentiality and privacy are heightened because small communities make it difficult to shield sensitive matters from public view. The divide is troubling, …
Reforming Mediation: The Hidden Inequities Shaped By Race, Gender, And Power, Victoria Seever
Reforming Mediation: The Hidden Inequities Shaped By Race, Gender, And Power, Victoria Seever
Journal of Dispute Resolution
Courts and policymakers often promote family dispute resolution as a faster, less adversarial alternative to traditional litigation. Yet for many women of color, the mediation table often replicates the same racial and gender power imbalances that the legal system claims to mitigate. Family Dispute Resolution (“FDR”) often fails women of color by reinforcing racialized and gendered power imbalances. Alternative dispute resolution (“ADR”), especially mediation, presents both an opportunity and a risk in divorce, custody, and intimate partner violence (“IPV”) cases. IPV cases become especially difficult with the various laws in different states that govern how mediation should be used and …
Towards Customizing Principled Negotiation Based On Culture: A Differentiated Approach, Monique Carels, Yannic Anthony Ratt
Towards Customizing Principled Negotiation Based On Culture: A Differentiated Approach, Monique Carels, Yannic Anthony Ratt
Journal of Dispute Resolution
Negotiation is a common part of our lives. We often negotiate with our spouses about the monthly budget, with our children to complete chores or homework, and when trying to get a better deal on a pre-owned vehicle. The negotiation process encompasses various aspects that are carried out differently and are influenced by culture. Thus, negotiation becomes intercultural when it involves at least two parties from different cultural backgrounds trying to agree on mutual interests
Arbitration Unplugged: Heckman V. Live Nation And The Future Of Compelled Arbitration, Will Knowles
Arbitration Unplugged: Heckman V. Live Nation And The Future Of Compelled Arbitration, Will Knowles
Journal of Dispute Resolution
“Long story short, it was a bad time.” The lyrics from Taylor Swift’s 2020 song Long Story Short resonated strongly with her fans in 2022 when they attempted to purchase tickets to her record breaking Eras Tour. The self-proclaimed “Swifties” waited for weeks to purchase presale through the tour’s official ticketing partner, Ticketmaster. Ticketmaster, an American ticketing giant owned by Live Nation, handles over seventy percent of all ticket transactions in the country. November 15 arrived and the Swiftie army entered the virtual queue with hopes of securing tickets to see their hero. Ticketmaster, however, did not prepare for the …
“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel
“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel
Journal of Dispute Resolution
This essay addresses the recent phenomenon of Crowdsourced Blockchain Arbitration (CBA). Within the landscape of new digital dispute resolution tools, I argue that CBA stands out as a cost-effective adjudicative dispute resolution forum for online consumer disputes. I then provide an overview of existing CBA platforms and address the question to what extent CBA constitutes a form of arbitration. Only if it does can CBA arbitration agreements and arbitration awards be enforced domestically and internationally under the New York Convention of 1958. I demonstrate that while CBA proceedings correspond to a conceptual understanding of arbitration, they fall outside the international …
From Ancient Practices To Modern Law: The Evolution Of Mediation, Shannon Hoggatt
From Ancient Practices To Modern Law: The Evolution Of Mediation, Shannon Hoggatt
Journal of Dispute Resolution
From property disputes in ancient Sumer to complex corporate conflicts in modern America, mediation has long served as a vital tool for resolving disputes without resorting to formal adjudication. Defined as “a process in which an impartial third party helps others resolve a dispute or plan a transaction,” mediation has been used to settle disputes since as early as 4500-1900 B.C.E. Over millennia, mediation has evolved in response to cultural, legal, and technological shifts, reflecting the diverse values and priorities of the societies that employed it.
Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson
Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson
Journal of Dispute Resolution
Imagine you are not reading this article. Instead, you are walking back home from dinner with your friends. As you walk down the street, someone comes up behind you and demands you hand them your money. You turn around to give them all the money you have, only to lock eyes with the barrel of a gun. What are you feeling in this moment? A little bit of rage perhaps. Maybe your hands have started shaking. Or, just maybe, you are feeling a little defiant. But before you can even react, a police officer is running down the street, yelling …
Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett
Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett
Journal of Dispute Resolution
The United States (U.S.) Armed Forces is composed of seven military branches: Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, and Space Force. Each military branch has an alternative dispute resolution (“ADR”) program. These programs use a collection of techniques, generally informal and collaborative in nature, to resolve disputes as a substitute for litigation. The characteristics of ADR proceedings tend to produce quicker, less expensive outcomes compared to litigation. This very reason is why Congress enacted the Administrative Dispute Resolution Act (“ADRA”) of 1996, directing federal agencies to establish ADR policies and programs.
Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe
Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe
Journal of Dispute Resolution
The Legislative Update tracks legislation related to alternative dispute resolution proposed and enacted in state legislatures nationwide. Under the guidance of the Associate Editor-in-Chief, Associate Members of the Journal of Dispute Resolution prepared this update. It includes articles examining specific bills and broader legislative trends across various states that the authors found particularly significant and impactful.
Is Current “Repeat Player” Theory Much Ado Over Much Less—An Evidence-Based Overhaul, Edward P. Mcdermott
Is Current “Repeat Player” Theory Much Ado Over Much Less—An Evidence-Based Overhaul, Edward P. Mcdermott
Journal of Dispute Resolution
This empirical study suggests that the existence and impact of the “repeat player effect” (“effect”) may be exaggerated. Legal and conflict resolution theorists suggest that the existence of repeat players is a process flaw. They opine that first time players (“one-shotters”) are at a disadvantage to repeat players. Stulberg extended this process flaw theory to mediation.
Arbitration: An Unstoppable Wave?, Matthew Boston
Arbitration: An Unstoppable Wave?, Matthew Boston
Journal of Dispute Resolution
In recent years, large companies have started favoring the use of compelled arbitration agreements. Arbitration is one of many mechanisms encompassed under alternative dispute resolution (“ADR”), a broad framework by which parties may seek alternatives to litigation. As a whole, ADR arose with the intent of avoiding the high costs of litigation. Arbitration became the “principal form of ADR” for a period of time, with cost savings in mind.
Cooperative Creativity: The Adr Foundations Of Modern Dance Copyright, Audrey O'Brien
Cooperative Creativity: The Adr Foundations Of Modern Dance Copyright, Audrey O'Brien
Journal of Dispute Resolution
In the mid-twentieth century, the landscape of copyright was quickly changing, facing new technologies as well as cultural changes that would ultimately test the limits of the 1909 Copyright Act. Choreographic copyright protection changed immensely throughout the last half of the twentieth century, and one ballet company at the forefront of the changing tides of copyright law was the New York City Ballet (“NYCB”), led by choreographer George Balanchine. By the time Balanchine passed, the legacy of both his company, NYCB, and his body of copyrighted work was immense enough to determinatively color the way choreographic copyrights are handled under …