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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

 

138 – Ethics: General

ARTICLES

Art Hinshaw & Jess K. Alberts, New Directions in Negotiation and ADR: Gender and Attorney Negotiation Ethics, 39 Wash. U. J.L. & Pol’y 145 (2012)
This article examines the relationship between gender and ethical reasoning in negotiation. The focus of the article is the results of a study the authors conducted.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{138} ETHICS: GENERAL
 
Kristen M. Blankley, Taming the Wild West of Arbitration Ethics, 60 KAN. L. REV. 925 (2012).
This article considers if current law and various arbitration mechanisms effectively prevent parties and attorneys from committing acts not tolerated in litigation.  Seeing a potential area of exploitation, this article calls for the extension of perjury and tampering laws to the arbitral forum.
{44} ARBITRATION—GENERAL
{128} REQUIREMENTS: MANDATE TO USE
{138} ETHICS: GENERAL
 
Bernie Mayer, What We Talk About When We Talk About Neutrality: A Commentary on the Susskind-Stulberg Debate, 2011 Edition, 95 Marq. L. Rev. 859 (2012)
The author offers a different perspective on the vaunted Susskind-Stulburg debate on mediator neutrality – that it is truly a discussion of identity.  Mayer discusses the purpose and impact of mediators, and the difference between what mediators offer and what clients want or claim to want, in the ongoing evolution of the concept and role of mediator neutrality.
{21} MEDIATION—GENERAL
{138} ETHICS: GENERAL
{146} ORGANIZATION POLICIES & RULES

Joseph B. Stulberg, Must a Mediator Be Neutral? You’d Better Believe It!, 95 Marq. L. Rev. 829 (2012)
The author posits that not only should mediators be neutral, because mediation is a justice event, but that empirically they are capable of doing so as well.  He discusses objectivity, impartiality, process, structure, and justice as elements of the ideal of mediator neutrality.
{21} MEDIATION—GENERAL
{138} ETHICS:GENERAL
{146} ORGANIZATION POLICIES & RULES

Symposium, The Future of Court ADR: Mediation & Beyond, Core Values of Dispute Resolution: Is Neutrality Necessary?, 95 Marq. L. Rev. 805 (2012)
This summarizes a panel in which John Lande moderates a look back at and discussion of a prior debate between Larry Susskind and Josh Stulberg, with Bernie Mayer’s opinion added to the mix.  Addressed are the role and responsibilities of a mediators, including neutrality and fairness, and their relative import.
{21} MEDIATION—GENERAL
{138} ETHICS: GENERAL
{146} ORGANIZATION POLICIES & RULES

Nancy A. Welsh, The Current Transitional State of Court-Connected ADR, 95 Marq. L. Rev. 873 (2012)
This article examines the current “awkward” adolescent state in alternative dispute resolution wherein it is instigated to help solve problems that the framework is now being exploited to cause anew, such as discovery abuses and efficiency concerns.  The author posits the value of procedural justice as a way to move past the “ugly duckling” phase of alternative dispute resoluiton to better reach its potential.
{21} MEDIATION—GENERAL
{138} ETHICS: GENERAL
{151} ROLE OF LAWYERS

BOOKS

Roger Fisher, Bruce Patton, & William Ury, Getting to Yes: Negotiating Agreement Without Giving In (2012).
This small yet powerful book is the seminal text, a product of the Harvard Negotiation Project, on principled negotiation.  It revolutionized the negotiations arena with the concepts of non-adversarial bargaining, creating gain, focusing on interests over positions, and separating the people from the problem.  The universal strategies of this book are applicable to ADR topics from business negotiation to domestic mediation and everything in between.
{1} NEGOTIATION—GENERAL
{138} ETHICS—GENERAL