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Upcoming Events

Horizons: Conversations About Future Directions in Dispute Resolution

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

 

105 – Science and Technology

ARTICLES

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

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

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

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

BOOKS

Sarah Kember & Joanna Zylinska, Life After New Media: Mediation as a Vital Process(2012)
The authors argue that mediation is key for understanding our being in a technological world. People should move beyond their fascination with technological devices to examination the interlocking technical, social, and biological process of mediation. The explain that using mediation as a lens reveals that life itself can be understood as being mediated and subject to the same process of reproduction, transformation, flattening, and patenting undergone by other media forms.
{21} MEDIATION—GENERAL
{105} SUBJ MATTER: SCIENCE & TECHNOLOGY