Faculty Scholarship Digest

July 2013

On a regular basis, Dean Michaels prepares a memorandum summarizing recent scholarship published by members of the Moritz faculty. The College boasts 50+ faculty members with national and international reputations. The range of influential and innovative legal scholarly works produced by our distinguished faculty reflects a variety of perspectives, interests, and areas of expertise.


Article

Nancy Hardin Rogers

Nancy H. Rogers, Enhancing Attorney’s Support for Mediation: The Experience in the United States, 2 ADR Com. L.J. 23 (2013).

This article started as a talk Nancy Rogers gave at a UN conference in Istanbul on court mediation in the United States. During its transformation into an article, the focus changed slightly to highlight the role of attorneys’ support for mediation in the US. Rogers was trying to respond to reports that as courts around the world began to offer mediation, the local bars objected. First, Rogers describes the early years of court-connected mediation in the United States to show that we also experienced attorney opposition. Then Rogers describes court mediation today with its explosion of use and widespread acceptance. She then teases out the strategies responsible for the shift: getting attorneys to attend mediations sessions with their clients, publicizing that peers were using mediation, organizing support from in-house counsel, and responding to concerns in the administration of the programs. In the end, Rogers contends that “[s]imply getting them to mediation seems to have been the key lever for change.”