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Horizons: Conversations About Future Directions in Dispute Resolution

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

Sources – Other

ARTICLES

Shahla F. Ali & Antonio Da Roza, Alternative Dispute Resolution Design in Financial Markets- Some More Equal Than Others: Hong Kong’s Proposed Financial Dispute Resolution Center in the Context of the Experience  in the United Kingdom, United States, and Singapore, 21 Pac. Rim L. & Pol’y J. 485 (2012)
The role and function of dispute resolution methods in financial disputes is a function of analyzing whether the method can effectively regulate the knowledge/power gap through appropriate channels. Using Hong Kong as a case study, and many of the financial dispute mechanisms from the major financial markets, this article finds the appropriateness of a system of dispute resolution is dictated by whether it takes on a regulatory or non-regulatory role.
{60} ADR—GENERAL
{104} SUBJ MATTER: REGULATORY

Joseph C. Barsalona II, Comment, Litigation Supply Should not Exceed Shareholder ADR Demand: How Proper Use of the Demand Requirement in Derivative Suits Can Decrease Corporate Litigation, 90 Or. L. Rev. 773 (2012).
This comment explores the contours of the demand requirement and how its efficient use can be beneficial for all parties and the greater corporate community. It describes the MBCA model and explains why it gives the best possibility for movement with corporate ADR. The author also discusses the positive effects in the states that have adopted the MBCA.
{60} ADR—GENERAL
{81} SUBJ. MATTER: CORPORATE
 
Yishai Boyarin, Court-Connected ADR – a Time of Crisis, a Time of Change, 95 Marq. L. Rev. 993 (2012)
This article argues dispute resolution, especially in the family connected context, should not sacrifice efficiency for quality. The author argues that the field should construct guidelines, while keeping in mind why and how dispute resolution is practiced.
{60} ADR—GENERAL
{133} COURT REFORMS
{146} ORGANIZATION POLICIES & RULES

Yishai Boyarin, Court-Connected ADR—a Time of Crisis, a Time of Change, 50 Fam. Ct. Rev. 377 (2012).
This article examines ADR programs in courts.  The author discusses various issues with having effective ADR programs and makes suggestions for making ADR programs more effective.
{60} ADR—GENERAL
{73}SUBJ MATTER: GENERAL
{133} COURT REFORMS
 
John Braithwaite & Ray Nickson, Timing Truth, Reconciliation, and Justice After War, 27 Ohio St. J. on Disp. Resol. 443 (2012).
This article examines how we should think about the sequencing of truth, justice, and reconciliation after war. It makes a case for Truth and Reconciliation Commissions that are permanent institutions keeping their doors open to assess with truth, reconciliation, and justice at whatever point in time victims and perpetrators are emotionally ready.
{60} ADR—GENERAL
{73} SUBJ. MATTER: GENERAL
 
Jason R. Brege & Kelli A. Ovies, Taking Down Trademark Bullying: Sketching the Countours of a Trademark Notice and Takedown Statue, 12 Wake Forest J. Bus. & Intell. Prop. L. 391 (2012)
This article examines current ways to prosecute or defend claims of trademark infringement on the internet without litigation. The author suggests a possible analytical framework in order to effectively evaluate proposals regarding a trademark notice and takedown statue.
{60} ADR – GENERAL
{78} SUBJ MATTER: COMPUTER
George W. Conk, Blowout: Legal Legacy of the Deepwater Horizon Catastrophe: Diving into the Wreck: BP and Kenneth Feinberg’s Gulf Coast Gambit, 17 Roger Williams U. L. Rev. 137 (2012).
There are currently no regulations that govern the manner in which a solvent polluter meets its statutory clean-up and compensation responsibilities. There is no audit, no reporting, no monitoring of the company’s ability to meet its obligations, and no review of its success in doing so.  This article calls for the creation of an administrative framework for oversight of claims processes from the beginning of the remedial period.
{60} ADR—GENERAL
{81} SUBJ MATTER: CORPORATE
{84} SUBJ MATTER: ENVIRONMENT
Krista L. Cox, The Medicines Patent Pool: Promoting Access and Innovation for Life-Saving Medicines Through Voluntary Licenses, 4 Hastings Sci. & Tech. L.J. 293 (2012)
The Medicine Patent Pool was designed in order to enable the production and distribution of affordable generic HIV drugs. The program works out agreements with various patent holders, specifically pharmaceutical companies, to license the medicines for patients.
{60} ADR—GENERAL
Joshua A. Douglas, Election Law and Civil Discourse: The Promise of ADR, 27 Ohio St. J. on Disp. Resol. 291 (2012).
This article examines the way in which courts both reflect and contribute to charged discourse when rendering election law decisions. It examines ADR’s general framework, discussing how ADR leads to better relations between parties as they work together to fashion a reasonable solution. It suggests that incorporating concepts from ADR into the election law world can help to reduce negative court language and therefore improve political discourse.
{60} ADR—GENERAL
{87} SUBJ. MATTER: GOV’T
 
Jeffrey T. Ferriell, Boilerplate Terms in Context, 40 Cap. U. L. Rev. 605 (2012).
This article examines the current understanding of boilerplate clauses in adhesion contracts, for instance, arbitration clauses.
{60} ADR—GENERAL
{79} SUBJ MATTER: CONSUMER
 
Janine Geske, Achieving the Goals of Criminal Justice: A Role for Restorative Justice, 30 Quinnipiac L. Rev. 527 (2012).
This keynote address advocates the potential that restorative justice can have on healing victims and communities through face-to-face confrontation with the offenders.
{60} ADR—GENERAL
{82} SUBJ MATTER: CRIMINAL

Anat S. Geva, Judicial Determination of Child Custody When a Parent Is Mentally Ill: A Little Bit of Law, a Little Bit of Pop Psychology, and a Little Bit of Common Sense, 16 U.C. Davis J. Juv. L. & Pol’y 1 (2012).
This article advocates the use of alternative methods of punishing juvenile offenders over the traditional method of “shaming.” The article argues that shaming punishments are problematic, in part because they are not compatible with the goals of juvenile justice, mainly rehabilitation. The article instead proposes the use of plea bargaining, which acts a sort of middle ground between the intensity of shaming and the insignificance of a warning.
{60} ADR—GENERAL
{73} SUBJ MATTER: GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
 
William B. Gould IV, Beyond Labor Law: Private Initiatives to Promote Employee Freedom of Association in the Obama Era, 87 Ind. L.J. 69 (2012)
FirstGroup PLC, a British Corporation designed a novel dispute resolution process to handle labor union issues arising out of the corporation’s business in the United States. This article analyzes the FirstGroup program, including its relationship with the National Labor Relations Board and Obama Administration initiatives.
{60} ADR—GENERAL
{95} SUBJ MATTER LABOR—MANAGEMENT (UNION)
{102} SUBJ MATTER: PUBLIC POLICY
 
Edward F. Greene & Joshua L. Boehm, The Limits of “Name-and-Shame” in International Financial Regulation, 97 Cornell L. Rev. 1083 (2012).
In this piece, the author suggests empowering G-20’s Financial Stability Board with the ability to implement a dispute resolution mechanism in order to ensure compliance of international regulations. Such a mechanism would result in a binding order for coordinated action, potentially on very short notice.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
 
Deborah E. Greenspan & Matthew A. Neuburger, Blowout: Legal Legacy of the Deepwater Horizon Catastrophe: Settle or Sue? The Use and Structure of Alternative Compensation Programs in the Mass Claims Context, 17 Roger Williams U. L. Rev. 97 (2012).
This article acknowledges the societal interest in delivering compensation efficiently and addressing situations that have caused devastating injury through non-litigation means.  The authors contend that the litigation system has limitations that make it difficult if not impossible to address and resolve mass claims in a timely and fair fashion. This article also examines the GCCF and other administrative compensation systems that allow claimants to obtain compensation sooner than would be possible through litigation.
{60} ADR—GENERAL

Honorable James E. Gritzner, In Defense of the Jury Trial: ADR Has Its Place, but It Is Not the Only Place, 60 Drake L. Rev. 349 (2012).
In this piece, the author addresses the large increase in ADR’s popularity and the modern trend to prefer it to a traditional jury trial. The author argues that ADR is becoming too common, and that jury trials are now truly “alternate” to more popular forms of ADR.
{60} ADR—GENERAL
{102} SUBJ MATTER: PUBLIC POLICY
 
Timothy Hedeen, Remodeling the Multi-Door Courthouse to “Fit the Forum to the Folks”: How Screening and Preparation Will Enhance ADR, 95 Marq. L. Rev. 941 (2012)
This author puts forth the argument that the typical courthouse screening process should be designed according to the content of the dispute, or “fitting the forum to the fuss” as he calls it, should be abandoned in favor of “fitting the forum to the people.”  The author also argues that preparation before mediation could increase the quality of mediation and agreements.
{60} ADR—GENERAL
{133} COURT REFORMS
{146} ORGANIZATION POLICIES & RULES
 
 
Heather Hojnacki, Graham v. Florida: How the Supreme Court’s Rationale Encourages Reform of the Juvenile Justice System Through Alternative Dispute Resolution Strategies, 12 Pepp. Disp. Resol. L.J. 135 (2012).
Peer jury model offers juvenile criminal system many advantages, including direct interaction with the jury and  the juvenile’s desire for peer approval, a motivator more powerful than adult authority. Like mediation programs, teen courts have gained popularity due to the high rate of satisfaction for participants. Issues with statistical comparison make analyzing recidivism rates difficult; however, in most courts studied, organizers reported a lower recidivism rate than found in traditional juvenile courts.
{60} ADR—GENERAL
{82} SUBJ MATTER: CRIMINAL
 
Clare Huntington, Flourishing Families, 50 Fam. Ct. Rev. 273 (2012).
This article discussing shifting the focus of family law from adversarial techniques to alternative dispute resolution to prevent issues from happening.  The author suggests that fostering stronger relationships through alternative dispute resolution will help families solve disputes further down the line.
{60} ADR—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS
 
Jin-Won Jung, Nudging Websites: A Proposal for a Hybrid Regulatory Scheme to Enforce Online Copyright, 8 I/S: J.L. & Pol’y for Info. Soc’y 1 (2012).
The expansion and popularity of the internet has made the enforcement of copyright laws through litigation difficult. This article analyzes past proposals for alternative dispute resolution systems in this area of the law, while proposing a new hybrid regulatory scheme.
{60} ADR—GENERAL
{78} SUBJ MATTER: COMPUTER
{105} SUBJ MATTER: SCIENCE & TECHNOLOGY
 
Richard L. Keyser, “Agreement Supersedes Law, and Love Judgment:” Legal Flexibility and Amicable Settlement in Anglo-Norman England, 30 LAW & HIST. REV. 37 (2012).
This article examines the oft-quoted phrase, “Pactum enim legem unicit et amor iudicium,” or, “[f]or an agreement supersedes law and amicable settlement a court judgment.” Placing this phrase in the context of the whole work in which it is found, and in the context of the time period and geographic location in which it was written, reveals a far deeper contemporary meaning to the phrase then appears at first glance.
{60} ADR—GENERAL
{125} COMPARISONS: HISTORICAL
{128} REQUIREMENTS: STATUTORY OR RULES
 
Adam B. Kinon, Power Before Interests in Dispute System Design, 17 Harv. Negot. L. Rev. 273 (2012).
This article demonstrates why a designer must begin the Dispute System Design process with an analysis of power and how that power dynamic may be shaped to allow the implementation of an interests-based approach.  This article does not challenge the premise that the best dispute systems ultimately concentrate on interests; rather it argues that a designer working for an organization must first understand the unique internal balance of power of the organization before thinking about interests.
{60} ADR—GENERAL
{105} SUBJ MATTER: SCIENCE & TECHNOLOGY

Meredith Kolsky Lewis, Dissent as Dialectic: Horizontal and Vertical Disagreement in WTO Dispute Settlement, 48 Stan. J. Int’l L. 1 (2012)
This article discusses the utility of dissents in dispute settlement generally and goes on to develop a theory of dissent in the World Trade Organization context. The author explains the structure of WTO dispute settlement with a focus on the unique attributes and competencies of WTO dispute settlement panels. The author applies a dialectic framework to both horizontal and vertical disagreements in WTO dispute settlement.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
{146} ORGANIZATION POLICIES & RULES
 
Dr. Julie Macfarlane, ADR and the Courts: Renewing Our Commitment to Innovation, 95 Marq. L. Rev. 927 (2012)
This article argues that the dispute resolution field must continually innovate and change to meet the needs of individual disputes. The author argues the field must not surrender to the ease of only using one or two well fleshed out paths.  He draws on his areas of research in Islamic marriage and divorce and pro se litigants to support his thesis.
{60} ADR—GENERAL
{133} COURT REFORMS
{146} ORGANIZATION POLICIES & RULES
 
Bobbi McAdoo, Sharon Press & Chelsea Griffin, New Directions in Negotiation and ADR: It’s Time to Get it Right: Problem-Solving in the First-Year Curriculum, 39 Wash. U. J.L. & Pol’y 39 (2012)
This article suggests a new first-year course in ADR focusing on problem-solving. The article includes a course description and possible syllabus for such a course.
{60} ADR – GENERAL
{83} SUBJ MATTER: EDUCATION
{155} TEACHING
 
Heather Park, Note, The Search For Luxury Prudence: Applying Alternative Dispute Resolution to Contributory Trademark Liability in the Online Marketplace, 83 U. Colo. L. Rev. 925 (2012).
This article discusses the problem luxury trademark owners face with online counterfeit luxury goods.  The article explains the doctrine of contributory trademark liability, identifying the problems with this doctrine as demonstrated through recent cases.  The author suggests using alternative dispute resolution to resolve conflicts in this area.
{60} ADR—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{78} SUBJ MATTER: COMPUTER

Arthur Pearlstein, Pursuit of Happiness and Resolution of Conflict: An Agenda for the Future of ADR, 12 Pepp. Disp. Resol. L.J. 215 (2012).
It is critical in conflict resolution studies and practice to utilize the vast amounts of data and research that have been gathered in the study of happiness. Approaches in positive psychology, with the heavy use of scientific method and expensive equipment, have been enabled by vast resources that have been brought to bear. The field of conflict resolution suffers from a lack of resources at this level, but overlapping agendas should allow borrowing of resources.
{60} ADR—GENREAL
{105} SUBJ MATTER: SCIENCE & TECHNOLOGY
 
George (Rock) Pring & Catherine (Kitty) Pring, The Future of Environmental Dispute Resolution, 40 Denv. J. Int’l L. & Pol’y 482 (2012).
This piece discusses the growing use of environmental courts or tribunals as an alternative to courts in resolving environmental disputes. The authors suggest that this method will become the new norm, as tribunals provide greater efficiency and overall access to justice.
{60} ADR—GENERAL
{84} SUBJ MATTER: ENVIRONMENT
 
Orna Rabinovich-Einy & Ethan Katsh, Technology and the Future of Dispute Systems Design, 17 Harv. Negot. L. Rev. 151 (2012).
This article argues that the division between the World Web and Dispute Systems Design (DSD) is holding back growth of the field of DSD.  Part I focuses on historical and current perspectives on DSD and identifies areas in which information technologies can facilitate and enhance the process. Part II presents an overview of the experience with Online Dispute Resolution.  Part III offers preliminary reflections on the future of DSD in the age of digital technology and pervasive internet communication.
{60} ADR—GENERAL
{105} SUBJ MATTER: SCIENCE & TECHNOLOGY
 
Margaret Jane Radin, Reconsidering Boilerplate: Confronting Normative and Democratic Degradation, 40 Cap. U. L. Rev. 617 (2012).
This article criticizes the antidemocratic effect of the court system’s constant enforcement of adhesion contracts and their boilerplate clauses. For instance, people regularly waive their rights to sue via mandatory arbitration clauses.
{60} ADR—GENERAL
{79} SUBJ MATTER: CONSUMER

Jennifer W. Reynolds, Games, Dystopia, and ADR, 27 Ohio St. J. on Disp. Resol. 477 (2012).
This article examines the ways in which alternative processes respond to legal deficiencies, imagines different approaches to dispute resolution, and manages the ideological and practical challenges of effectuating positive social change. It argues that understanding how ADR navigates between utopian and dystopian visions of sociopolitical life illuminates certain cultural assumptions around the possibilities and limits of dispute resolution.
{60} ADR—GENREAL
{73}: SUBJ. MATTER: GENERAL
{107}: SUBJ. MATTER: SPORTS & ENTERTAINMENT
 
Peter Robinson, An Empirical Study of Settlement Conference Nuts and Bolts: Settlement Judges Facilitating Communication, Compromise and Fear, 17 Harv. Negot. L. Rev. 97 (2012).
This article is the third part of a series that focuses on the myriad of approaches taken by judges during settlement conferences.  This article specifically focuses on the emphasis the settlement judge places on costs and risks, the techniques employed by the judge to encourage compromise, the techniques utilized to facilitate communication between all those involved, and the effect of the judge’s persona on the settlement conference.
{60} ADR—GENERAL
{73} SUBJ MATTER: GENERAL
 
David Reap, Note, Proposal For an Alternative Dispute Resolution Process for the Fashion Industry After the Innovative Design Protection and Piracy Prevention Act, 13 Cardozo J. Conflict Resol. 621 (2012).
This note discusses the adoption of an alternative dispute resolution process for the fashion industry as compared to that of the advertising industry and advocates for such a change to take place. The author outlines the many factors that should be considered when adopting an ADR method and suggests that a there would be a high participation rate in the industry if adopted.
{60} ADR—GENERAL
{75} SUBJ MATTER—COMMERCIAL
 
Benjamin M. Saper, Note, The International Finance Corporation’s Compliance Advisor/Ombudsman (CAO): An Examination of Accountability and Effectiveness from a Global Administrative Law Perspective, 44 N.Y.U. J. INT’L L. & POL. 1279 (2012).
This article is about the office of the Compliance Advisor/Ombudsman of the International Finance Corporation and the Multilateral Investment Guarantee Agency, which reduces the accountability gap between multilateral development banks and individuals and groups affected by those banks. The author discusses these groups in general and possible solutions to make them more efficient.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
 
Justin Seigler, Note, Injustice in Indian Country: The Need for a Serious Response to Native American Elder Abuse, 19 Elder L.J. 415 (2012).
This article is aimed at discussing solutions to the abuse of Native American Elders.  Among various solutions, the author foremost suggests the increased use of alternative dispute resolution techniques and the reasons he believes this would be beneficial.
{60} ADR—GENERAL
{77} SUBJ MATTER: COMMUNITY

Stephan Sonnenberg & James L. Cavallaro, New Directions in Negotiation and ADR: Name, Shame, and Then Build Consensus? Bringing Conflict Resolution Skills to Human Rights, 39 Wash. U. J.L. & Pol’y 257 (2012).
Human rights and dispute resolution have been notoriously difficult to integrate. However, integration of the two disciplines could create better solutions to many complex human rights problems. Thus, students would benefit from education that incorporates elements of both.
{60} ADR—GENERAL
{83} SUBJ MATTER: EDUCATION
 
Shauhin A. Talesh, How Dispute Resolution System Design Matters: An Organizational Analysis of Dispute Resolution Structures and Consumer Lemon Laws, 46 LAW & SOC’Y REV. 463 (2012).
This article examines how the form of a dispute resolution structure can have critical implications on the effectiveness of consumer protection laws.  After examining how different dispute resolutions structures give different meanings to substantially similar “lemon” laws in California and Vermont, the author concludes that structure can determine effectiveness.
{60} ADR—GENERAL
{79} SUBJ MATTER: CONSUMER

Nancy Ver Steegh, Gabrielle Davis & Loretta Frederick, Look Before You Leap: Court System Triage of Family Law Cases Involving Intimate Partner Violence, 95 Marq. L. Rev. 955 (2012)
This article examines the pros and cons of current screening techniques for intimate partner violence in the court system. The author suggests parameters and facets of violence to include in a screening.  Self-determination and public advocacy are among the tools offered to increase the functionality of the domestic violence “triage” screening system.
{60} ADR—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS
 
Paul R. Williams, Earned Sovereignty: The Future of Sovereignty-Based Conflict Resolution, 40 Denv. J. Int’l L. & Pol’y 128 (2012).
This piece addresses methods and examples of dispute resolution in sovereignty-related disputes. The author presents a detailed explanation of the concept of earned sovereignty and its implementation in international disputes.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L

World Trade Organization WTO, WTO Dispute Settlement: One-Page Case Summaries: 1995-2011 (2012)
As the title suggests, this is a compilation of one-page summaries of World Trade Organization dispute settlement cases. The cases, organized by year, include a breakdown of the issue, timeline of the dispute, and the final resolution.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L

BOOKS
Mohamed S. Abdel Wahab, Ethan Katsh & Daniel Rainey, Online Dispute Resolution: Theory and Practice: A Treatise on Technology and Dispute Resolution (2012).
This book provides an overview and assessment of the current status and future of online dispute resolution (ODR).  The first part of the book includes an assessment of ODR, while the second section offers an international oriented approach.
{60} ADR—GENERAL
{78} SUBJ MATTER: COMPUTER
 
Neil Andrews, The Three Paths of Justice: Court Proceedings, Arbitration, and Mediation in England (2012).
The author offers an analysis of the English legal system, including all steps of the trial process. It examines the differences between traditional court proceedings and an entire range of dispute resolution techniques such as mediation and arbitration.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
 
Tad Crawford, Business and Legal Forms for Crafters (2012).
Tailored specifically to craft makers, this book provides a collection of ready-to-use forms and negotiation checklists.
{60} ADR—GENERAL
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
 
Danilo Di Mauro, The UN and the Arab-Israeli Conflict: American Hegemony and UN Intervention Since 1947 (2012)
This book explains the United Nations’ involvement in the Arab-Israeli conflict during the past sixty years. It describes the mediation activity of the UN and peace missions in the region, as well as the resolutions by the General Assembly and the Security Council.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
 
Peter Fenn, Commercial Conflict Management and Dispute Resolution (2012).
The author bases this piece on a fundamental distinction between conflict management and dispute resolution. This distinction is explained through methods of conflict avoidance and theories and principles of dispute resolution.
{60} ADR—GENERAL
{75} SUBJ MATTER: COMMERCIAL

Stephen B. Goldberg, et al., Dispute Resolution : Negotiation, Mediation, Arbitration, and Other Processes(2012).
This is a casebook that examines the various applications of ADR. It also analyzes the issues that come with the application of the various models of ADR.
{60} ADR—GENERAL
{155} TEACHING

Peter Kantor, CCMA: A Commentary on the Rules (3d ed. March 2012)
This book is a guide to the Rules of the Commission for Conciliation, Mediation, and Arbitration (CCMA) that reproduces the newly published Guidelines on Misconduct Arbitrations in terms of the labor relations and updates the useful law and commentary on the rules. The book also includes a useful Practical Guide for an Unfair Dismissal Claim in the CCMA. Each rule is fully reproduced and explained in non-technical language, making it an accessible guideline.
{60} ADR—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{146} ORGANZATION POLICIES & RULES
 
Ronnie King, Dispute Resolution in the Energy Sector: A Practitioner’s Handbook (2012).
This book serves as a handbook for professionals, including corporate counsel and commercial personnel of energy companies, dealing with disputes in the energy sector. The book covers a wide range of ADR-related concerns in the field of energy law.
{60} ADR—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{81} SUBJ MATTER: CORPORATE
 
Bernard S. Mayer, The Dynamics of Conflict: A Guide to Engagement and Intervention (2012).
Relying on the latest research in the field of conflict resolution, the author examines four key concepts including: system dynamics, interaction dynamics, conflict engagement, and cultural conflict. Rather than focusing on specific procedures and techniques of conflict resolution, the author focuses on thinking productively about conflict and conflict intervention. The author also analyzes how new technology, such as online communication, effect conflict concepts.
{60} ADR—GENERAL
{73} SUBJ MATTER: GENERAL
 
Carrie Menkel-Meadow, Foundations of dispute resolution (2012).
While in many cases you shouldn’t read a book by its cover, the title of this work gives away its goals in an instant.  The articles included in this work primarily cover negotiation, mediation, and arbitration, while also exploring hybridizations of these processes.
{60} ADR—GENERAL
{73} SUBJ MATTER: GENERAL
Carrie Menkel-Meadow, Multi-Party Dispute Resolution, Democracy, and Decision-Making (2012).
This collection of articles examines how the dispute resolution process is altered by the presence of multiple parties, multiple issues, or both.  While the articles may focus on particular topics, the general conclusions contained within them are applicable to other dispute resolution processes.
{60} ADR—GENERAL
{73} SUBJECT MATTER: GENERAL

Carrie Menkel-Meadow, International Dispute Resolution  (2012).
This book explores the application of dispute resolution theory and practice to international conflicts and analyses the uses of everything from formal processes including diplomacy or treaty formation, to more informal processes such as multiple party negotiations. This volume also explores the problems that uniquely arise in international conflict resolution, such as dilemmas of universalism and particularism, and deference to community tribunals.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
Carrie Menkel-Meadow, Complex Dispute Resolution (2012)
In a three volume series of articles, the author explores complex issues currently facing ADR. Essays span an interdisciplinary range of fields and questions whether universal theoretical insights on conflict resolution are possible with variable numbers of parties and issues in multi-cultural settings.
{60} ADR—GENERAL

Mary Ellen O’Connell, International Dispute Resolution : Cases and Materials (2012).
This casebook covers a wide range of topics relevant to students studying international dispute resolution.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
{155} TEACHING

Judith Renner & Alexander Spencer, Reconciliation After Terrorism: Strategy, Possibility or Absurdity? (2012).
This book is a compilation of views by different authors analyzing the possibility of using reconciliation to end terrorism.  The book questions the possibility of such a strategy along with suggestions for the way reconciliation could be used to combat terrorism.
{60} ADR—GENERAL
{82} SUBJ MATTER: CRIMINAL
 
Louis L. Straney, Investor’s Guide to Loss Recovery: Rights, Mediation, Arbitration, and Other Strategies (2012)
This book discusses various methods of recovering financial losses following scams like the one perpetrated by Bernie Madoff and frauds. It focuses on ADR approaches to investor loss recovery.
{60} ADR—GENERAL
{106} SUBJ MATTER: SECURITIES
{136} ECONOMIC ADVANTAGES OF ADR

Richard G. Whitman & Stefan Wolff, The European Union as a Global Conflict Manager (2012).
This book generally discusses ADR topics looking specifically at the role of the European Union in conflict mediation in international conflict. The book begins with a conceptual perspective and the institutional nature of European Union as a conflict manager and then proceeds to discuss the role of the European Union in different international conflicts.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L