Dispute Resolution and Arbitration Commons^™

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

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

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

Journal of Dispute Resolution

Instructions for AI Tool

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

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

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

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

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

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

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

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 …

Preemption Of State Fraudulent Transfer Law By The Bankruptcy Code, David G. Carlson

Articles

The article argues that state law tort claims based on fraudulent transfers are preempted by the Bankruptcy Code. It contends that allowing such tort claims to persist interferes with a bankruptcy trustee's ability to achieve universal settlements and recover assets, as the trustee cannot guarantee immunity from third-party tort liabilities.

Interim Measures In International Commercial Arbitration: Revisiting Enforceability, Sophia Kubo

Michigan Journal of International Law

Interim measures may offer a solution to obstructive tactics in international commercial disputes. While arbitral tribunals’ authority to grant provisional relief is now widely recognized, enforcement remains legally uncertain and fragmented, undermining the promise of this solution. Acknowledging that proposals for a supranational treaty on enforcement of interim measures or an amendment to existing treaties are unrealistic, this article offers a critical analysis of existing enforcement models– court assistance, exequatur, and mixed approaches–and evaluates them through the lens of legal certainty and efficiency. The article argues that the exequatur model, supported by a dynamic interpretation of the New York Convention, …

Counterclaims In Investor-State Arbitration: A Call For Clear Thinking, George A. Bermann

Faculty Scholarship

As exemplified by the agenda of UNCITRAL Working Group III, the focus of ongoing debates over reform of the current investor-State dispute resolution (ISDS) system has been on procedural reform, broadly understood. The debates thus sideline the substantive aspects of ISDS, i.e. the rights and obligations of investors and States.  Within this structure, the place of counterclaims by States in investor-State arbitration is uncertain. To be sure, the question of counterclaims is basically a procedural one, for, by definition, counterclaims represent a vehicle by which a respondent State may assert a claim against an investor in a proceeding initiated by …

Compensation Des Créances Connexes, Ibrahim Fadlallah

Proche-Orient, Études juridiques

No abstract provided.

Legal Scholarship In An Age Of Social Media, Miriam Cherry

Journal of Civil Rights and Economic Development

(Excerpt)

This symposium essay will offer insights into how legal scholarship—and the law—are changing in a time of social media. Platforms or their names may change, but the immediacy and connection that they offer, for better or worse, here to stay. The argument amounts to two sides of the same coin. Social media can raise the salience of an issue, story, or event, and in doing so, may provide information that helps to inform our work as legal scholars. The converse is also true: legal scholarship also needs to study social media. This essay takes each point in turn.

Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen

Brooklyn Journal of International Law

This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …

Las Vegas Police Protective Association V. City Of Las Vegas 142 Nev. Adv. Op. 41 (Jun. 03, 2026), Adrienne Jack-Sands

Nevada Supreme Court Summaries

The district court may determine whether a dispute is arbitrable, but the arbitrator must be the one to evaluate whether procedural prerequisites have been satisfied and adjudicate the underlying issue.

Intellectual Humility By Design: How Courts Earn Legitimacy And Improve Decisions, Steve Leben

Faculty Works

Courts decide disputes as one branch of our government. Their authority depends not only on getting the outcome right but also on public acceptance of their authority. In a time when confidence in institutions is under pressure, courts cannot assume that legitimacy will take care of itself. They must earn it—case by case—through both the substance of what they decide and the way they exercise authority in public view.

A large body of procedural-justice research explains one side of that equation. People are more willing to accept court decisions, even unfavorable ones, when the process communicates voice, neutrality, respect, and …