John C.P. Goldberg
The Panel invites us to contemplate what “complete justice” would look like in the face of a disaster. Because justice has many dimensions, the exercise is a difficult one. When one thinks of justice being done in the aftermath of a catastrophe suc ...
ISSUE 2: ARTICLE SUMMARY
Mass Disaster Mediation: Innovative ADR, or a Lion’s Den?
By Elizabeth Baker Murrill
Summary by Michael Shoenfelt
In the wake of natural disasters or other catastrophic events, relatively unsophisticated victims are often left to negotiate with highly savvy insurance representatives. The difference in bargaining power between the two creates a proverbial Lion’s Den for victims.
Alternative dispute resolut ...
ISSUE 2: STUDENT SPOTLIGHT
“HURRY UP PLEASE ITS TIME”: The Growing Need for ADR Methods in the Publishing Industry
Literature and the publishing industry are difficult arenas for the judiciary to negotiate. One reason is that literature, like other art forms, often takes on a life of its own after being published. Furthermore, the publishing process involves many moving parts, including original contracts between the author and publishing house, the author’s estate, constantly evolv ...
ISSUE 2: EDITOR'S CORNER
Greetings and happy new year. Welcome to Volume 11, Issue 2 of the Mayhew-Hite Report. Since last issue, exciting things have been happening in the realm of ADR here at the Moritz College of Law, and in the ADR community at-large.
Back in November, in conjunction with the Journal on Dispute Resolution and the Association of American Law Schools Section on ADR, Moritz presented the Si ...
ISSUE 1: EDITOR'S CORNER
Welcome to the 2012-2013 Mayhew-Hite Report (the “Report”). My name is Adam Vernick. I am a third-year Juris Doctor Candidate at the Moritz College of Law and the new editor of the Report. Volume 11, Issue 1 of the Report focuses on Online Dispute Resolution (“ODR”).
For those of you who are new to the Report, it is an online publication created by the dedicated staff and s ...
ISSUE 1: LEAD ARTICLE
Ethical Issues and Technological Change: Institutional Responses of the ABA and UNCITRAL
By: Christopher M. Fairman*
The rapid technological innovation of the past two decades has produced a technological divide in the practice of law. Smart phones and iPads are tools of the trade for many. Lawyers use social media, such as blogs, social networks, and Twitter, for client developme ...
ISSUE 1: STUDENT SPOTLIGHT
From Conference Rooms to Chat Rooms: The Need to Protect Confidentiality in Online Mediation
Christopher R. Meltzer
The current discussion of how to develop new forums for Online Dispute Resolution (ODR) and how to best implement such forums is gaining momentum as more services are moving online. This is even more the case as individuals are increasingly seeking to settle disputes online in order to avoid issues such as the physical dista ...
ISSUE 1: FROM THE FACULTY
Preparing Students to Represent Clients in an Online World: An E-mail Negotiation in the Classroom
Ellen E. Deason
It’s obvious that computer technology is changing the practice of law. Those who represented clients a few short decades ago would not recognize commonplace aspects of today’s law practice, such as e-discovery.
As law schools try to prepare their students for effective modern law practice they could be forgiven, ...
ISSUE 1: ARTICLE SUMMARY
Technology and the Future of Dispute Systems Design
By Orna Rabinovich-Einy & Ethan Katsh
Originally Published in Volume 17 of the Harvard Negotiation Law Review
Summary by Patrick Noonan
The World Wide Web (Web) and Dispute System Design (DSD) were both developed in the late 1980s. While they have largely existed in separate realms, it seems only nat ...