Masthead,
2025
University of Missouri School of Law
The Settlement Privacy-Transparency Matrix: Moving Beyond The Dichotomous Mindset In The Settlement Debate,
2025
University of Missouri School of Law
The Settlement Privacy-Transparency Matrix: Moving Beyond The Dichotomous Mindset In The Settlement Debate, Alyson Carrel, Peter K. Chan
Journal of Dispute Resolution
The philosopher Arthur Schopenhauer once wrote, “The first forty years of life give us the text; the next thirty supply the commentary on it.” Forty years after Owen Fiss’s seminal article “Against Settlement,” it is time to reimagine how we approach the settlement debate beyond traditional dichotomies. Just as Schopenhauer recognized that time and experience allow us to better understand our past, forty years of grappling with the settlement debate have given us the perspective to see its limitations, and now with emerging technologies, new possibilities. The ‘text’ of the debate—its dichotomous framing and distributive solutions—has shaped four decades of …
Faculty List,
2025
University of Missouri School of Law
Description,
2025
University of Missouri School of Law
Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System,
2025
University of Missouri School of Law
Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System, Cynthia Alkon
Journal of Dispute Resolution
The criminal legal system in the United States is plagued by serious and systemic problems. There have been countless efforts at reform over the last many decades that have included changes in what is a crime, how crimes are punished, how prosecutors do their job, and changes in policing. Yet, despite these efforts, problems such as mass incarceration remain deeply embedded. It is easy to be swept up in pessimism when discussing the criminal legal system. Change is hard, at best incremental, and we seem to be in the beginning of an era of backlash against recent reforms. This is …
Psychology And Dispute Resolution: Looking Forward,
2025
University of Missouri School of Law
Psychology And Dispute Resolution: Looking Forward, Jennifer K. Robbennolt
Journal of Dispute Resolution
There is a long and deep history of interconnection between dispute resolution and psychology. Concepts like procedural justice permeate the literature. Psychologists have investigated and provided data about phenomena such as the fixed pie bias, impasse aversion, and reactive devaluation. Research drawing on the psychology of heuristics and biases has been influential, particularly in work on settlement decision making. Studies in this tradition have explored how framing, anchoring, anticipated regret, and different ways of considering options can influence the decisions made by disputants. Psychologists have explored the role of apologies in dispute resolution, the role of emotion in negotiation, and …
Introduction To The Symposium Issue,
2025
University of Missouri School of Law
Introduction To The Symposium Issue, Allie Widick
Journal of Dispute Resolution
The following articles stem from the presentations at the 2024 Mizzou Law Center for the Study of Dispute Resolution 40th anniversary symposium. The symposium, titled Dispute Resolution at Forty: Looking Back, Looking Forward, featured some of the top legal scholars, including former Mizzou Law professors, and even a former Journal of Dispute Resolution Editor-in-Chief. The three panels discussed traditional and non-traditional dispute resolution forms, the NextGen Bar Exam, and emerging trends. A highlight of the event included a keynote address with Leonard Riskin, the first director of the Center for the Study of Dispute Resolution.
Table Of Contents,
2025
University of Missouri School of Law
Volunteered Or Voluntold: Effectiveness Of Good Faith Clauses On Court-Ordered Mediation,
2025
University of Missouri School of Law
Volunteered Or Voluntold: Effectiveness Of Good Faith Clauses On Court-Ordered Mediation, J. Michael Moore
Journal of Dispute Resolution
Mediation is the “process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.” There is a growing trend in many states and the federal government to allow courts to refer parties to mediation or other forms of alternative dispute resolution (“ADR”). However, one of the distinguishing elements of a mediation is that the parties come to a voluntary agreement. If the court has forced the parties to mediate, does that negate the voluntary nature of mediation? The answer to this question appears to be yes, but the real …
Is Current “Repeat Player” Theory Much Ado Over Much Less—An Evidence-Based Overhaul,
2025
University of Missouri School of Law
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?,
2025
University of Missouri School of Law
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.
“America’S Peacemaker” Needs A Makeover: The Department Of Justice’S Community Relations Service Should Use Transformative Mediation And Restorative Justice In Today’S Black Lives Matter
Movement,
2025
University of Missouri School of Law
“America’S Peacemaker” Needs A Makeover: The Department Of Justice’S Community Relations Service Should Use Transformative Mediation And Restorative Justice In Today’S Black Lives Matter Movement, Julianna Leung
Journal of Dispute Resolution
On March 7, 1965, civil rights leaders John Lewis and Hosea Williams led hundreds of people across the Edmund Pettus Bridge in Selma, Alabama. Their goal was to march to the state capitol of Montgomery in protest of racial segregation and the suppression of African American voters. On the other side of Pettus bridge, state troopers and spectators waving Confederate flags waited for them. When the protesters reached the end of Pettus, state trooper Major John Cloud ordered them to stop the march and leave. Williams tried to speak with Major Cloud, but Major Cloud rebuffed him. When the protestors …
Cooperative Creativity: The Adr Foundations Of Modern Dance Copyright,
2025
University of Missouri School of Law
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 …
Catching Up To Technology: Mediation’S Role In The Era Of Driverless Cars,
2025
University of Missouri School of Law
Catching Up To Technology: Mediation’S Role In The Era Of Driverless Cars, Kaitlyn Puyear
Journal of Dispute Resolution
An autonomous vehicle (AV), also known as a driverless or self-driving car, is a vehicle that can operate itself and perform necessary functions without human intervention. Autonomous vehicles have been under development since the midtwentieth century and operate with the use of cameras and radar systems to acquire information about road conditions—allowing them to choose the easiest path of travel.
Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach,
2025
Singapore Management University
Operationalising The Social Licence To Operate Along The Belt And Road: The Case For A Mediation-Focused Approach, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article examines the intricate dynamics of community representation and stakeholder influence in the realm of international investment law. More specifically, it considers the most effective method by which to operationalise the concept of the ‘social licence to operate’ when attempting to resolve investor-state disputes. By utilising disputes relating to China’s Belt and Road Initiative as a case study, it is shown that the social impact of foreign investment projects is often a catalyst for arbitration claims. Community interests are insufficiently represented at the stage of procurement or admission of investment, which has led to violent clashes between investors and …
Purdue’S Side Effects: Using Due Process To Realign Mass Tort Bankruptcies,
2025
Brigham Young University Law School
Purdue’S Side Effects: Using Due Process To Realign Mass Tort Bankruptcies, William A. Organek
BYU Law Review
In Harrington v. Purdue Pharma, the United States Supreme Court held that victims of the opioid crisis could not be forced to release their independent claims against the Sacklers, who owned and controlled Purdue, without the victims’ consent. Such releases had become a controversial mainstay of mass tort bankruptcy filings. Yet Purdue was decided on narrow, textualist grounds, leaving as a side effect many seemingly disparate and difficult questions unanswered. This Article argues that Purdue and its open issues should be analyzed through a broader due process lens in tension with some aspects of current bankruptcy practice but consistent with …
Valuation Procedure For Condemnation: A Fifty State Survey,
2025
Brigham Young University Law School
Valuation Procedure For Condemnation: A Fifty State Survey, David Griffiths
BYU Law Review
The Fifth Amendment requires statutorily authorized condemnors to provide just compensation to landowners for all takings. The procedural method used by states to determine just compensation varies widely among states and is often separate from the more standard procedures existing in traditional civil litigation. Regardless of their method, all fifty states and the District of Columbia each have their own unique procedure for determining just compensation. This Note distinctly classifies the procedural schemes currently used by states to initially value just compensation of condemned property into three general categories: (1) schemes that rely on commissioners to determine just compensation, (2) …
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam,
2025
Ho Chi Minh City University of Law
Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam
Indonesian Journal of International Law
The multilateral frameworks governing the recognition and enforcement of arbitral awards, such as the 1958 New York Convention, along with the domestic laws of most states, are generally designed to promote the efficient enforcement of foreign arbitral awards. However, practical experience reveals inconsistencies in its application. While many states adhere to international principles, some - despite being signatories to the Convention - have exploited the broad concept of public policy to unjustifiably refuse enforcement within their jurisdictions. Conversely, other states have adopted a more restrictive approach, limiting the public policy exception to ensure predictability in enforcement. This article focuses on …
"Will The Circle Be Unbroken": The Role Of Law School Centers In Advancing Restorative Justice Theory, Practice, And Education,
2025
University of Maryland Francis King Carey School of Law
"Will The Circle Be Unbroken": The Role Of Law School Centers In Advancing Restorative Justice Theory, Practice, And Education, Deborah Thompson Eisenberg, Toby Treem Guerin
Journal of Legal Education
No abstract provided.
Pedagogies In The Meantime: Reflections On Adr And Restorative Justice In U.S. And Canadian Legal Education,
2025
Temple University Beasley School of Law
Pedagogies In The Meantime: Reflections On Adr And Restorative Justice In U.S. And Canadian Legal Education, Amy J. Cohen, Daniel Del Gobbo
Journal of Legal Education
No abstract provided.
