Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

73 – General

ARTICLES

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
 
Edward Brunet, Reevaluating Complex Mediation Generalizations, 18 Conn. Ins. L.J. 279 (2012).
The fundamental theme of this article is that generalizations regarding complex mediation and lawsuits are myths.  By exploring expertise, confidentiality, trust, and a defense/plaintiff parable myth, Edward Brunet finds the beginning of an era where plaintiff collaboration is becoming necessary in order to find success.
{21} MEDIATION—GENERAL
{73} SUBJECT MATTER: GENERAL
{146} ORGANIZATION POLICIES & RULES

Miles B. Farmer, Note, Mandatory and Fair? A Better System of Mandatory Arbitration, 121 Yale L.J. 2346 (2012).
To address arbitration abuse that allows companies to skew results in their favor, this article suggests creating a cause of action that allows prosecutors to sue biased arbitration providers and businesses who hire them. The new cause of action coupled with mandatory disclosure should improve self-regulation and fairness.
{45} ARB: MANDATORY, COURT-ANNEXED—GENERAL
{73} SUBJ MATTER: GENERAL
 
Hazel Genn, What is Civil Justice for? Reform, ADR, and Access to Justice, 24 Yale J.L. & Human. 397 (2012).
Compulsory mediation schemes do contribute to substantive justice because it forces parties to relinquish ideas of their legal rights. Moreover, unforeseen byproducts of compulsory mediation and other private dispute resolution include threats upon the ideals of justice.
{21} MEDIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
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.)
 
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

Jacqueline Nolan-Haley, Mediation: The “New Arbitration”, 17 Harv. Negot. L. Rev. 61 (2012).
This article argues moves towards the zone of arbitration practice for mediation is problematic because of clashes with mediation’s values of self-determination and participation. The author discusses the fading popularity of arbitration in relation to mediation as an alternative to court adjudication, describes three dimensions of the advance of mediation toward the arbitration zone, and explores reasons for mediation’s move towards arbitration and the implications that flow from this phenomenon.
{21} MEDIATION—GENERAL
{73} SUBJ MATTER: GENERAL

Jennifer W. Reynolds, On Commitments, 39 Wash. U. J.L. & Pol’y 231 (2012).
Negotiators should reorient their perspectives of negotiations in a way that appreciates the ongoing impact and significance of both past decisions and present agreements. Considering the implications of interest-based commitments during a negotiator’s preparation and process, may improve the agreement’s longevity and party-approval.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL

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

Lauran San Roman Guijarro, Note, Summary Disposition: The Only Way Out is Through?, 66 U. Miami L. Rev. 879 (2012).
International arbitration lacks a mechanism for summary dismissal of unmeritorious claims. This note argues that such a mechanism should exist because of the economical inefficiency of being trapped in such into a system. The author looks at ways to introduce such a mechanism.
{44} ARBITRATION—GENERAL
{73} SUBJ MATTER: GENERAL
{136} ECONOMIC ADVANTAGES OF ADR
 
Andrea Kupfer Schneider, New Directions in Negotiation and ADR: Teaching a New Negotiation Skills Paradigm, 39 Wash. U. J.L. & Pol’y 13 (2012)
This article focuses on the labels that have traditionally been assigned to different negotiation styles. The article explores why the labels exist, the problems with these labels, and a new way to teach negotiation skills across a variety of contexts.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL

S.I. StrongDoes Class Arbitration “Change the Nature” of Arbitration? Stolt-Nielsen, AT&T, and a Return to First Principles, 17 Harv. Negot. L. Rev. 201 (2012).
This article tests various assumptions about the nature of class arbitration and the conclusion that class arbitration falls outside established parameters regarding what constitutes “arbitration.”  The article compares class arbitration to other multiparty proceedings, considers the jurisprudential nature of arbitration, attempts to identify a universally acceptable definition of arbitration, and considers how certain characteristics said to be unique to class arbitration measure up to the elements identified in the definition of arbitration as being necessary for a procedure to qualify as “arbitration.”
{44} ARBITRATION—GENERAL
{73} SUBJ MATTER: GENERAL

BOOKS

Ira G. Asherman, Negotiation at Work: Maximize Your Team’s Skills with 60 High-Impact Activities (2012).
The author presents several exercises designed to improve the negotiation process. The work includes role-playing and other activities.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL

Beth Ashmore et al., The Librarian’s Guide to Negotiation: Winning Strategies for the Digital Age (2012)
An introduction to negotiation theory for use by librarians. The book provides practical advice to librarians to improve their negotiation skills.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
Bryan Clark, Lawyers and Mediation (2012).
This work focuses on the relationship between lawyers and mediation, and more specifically examines the history of this relationship, reasons a lawyer may resist using mediation, and the future of mediation. Additionally, this work examines how mediation fits into traditional legal training, the traditional lawyer and client relationship, and how mediation can ameliorate the negative public perception of lawyers.
{21} MEDIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{151} ROLE OF LAWYERS
 
Geof Cox, Financial Times Essential Guide to Negotiations: How to Achieve Win-Win Outcomes (2012)
This book instructs readers leading and securing win-win negotiations in business. It helps readers strategically prepare for negotiations in order to maintain and develop positive working relationships. Included are steps and actions necessary for success in a negotiation and a four-phase process underpinning the conduct of successful negotiations. The guide covers key negotiation topics such as negotiating remotely by email or phone, cultural differences in negotiation, and non-verbal communication.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL

Peter Ronald Fleming, Successful Negotiating in a Week A Teach Yourself Guide (2012).
A do-it-yourself handbook that teaches negotiating techniques, approaches, and theory.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{155} TEACHING

Douglas N. Frenkel & James H. Stark, The Practice of Mediation: A Video-Integrated Text  (2012).
This teaching tool is uniquely integrative by combining both a textual analysis of the mediation process with a six-hour DVD that illustrates the various stages of the mediation process. These simulations, a child custody case, a small claims consumer dispute, and a premises liability suit, were specifically selected for their varied contexts and dispute characteristics. The simulations are illustrative of a variety of problems and behaviors mediators may encounter.
{21} MEDIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{155} TEACHING
 
Eric Galton & Lela Porter Love, Stories mediators tell (2012).
This collection of stories from mediators attempts to make the process more accessible. It also offers advice on how to handle difficult mediation situations.
{21} MEDIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
David S. Hames, Negotiation: Closing Deals, Settling Disputes, and Making Team Decisions (2012).
This book provides an overview of the negotiation process, identifying both the fundamentals of negotiation and special challenges to negotiations.  The book covers topics ranging from multi-party negotiations, communication strategies, and international negotiations.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
Matt Harvey, Maria Karras & Stephen Parker, Negotiating by the Light of the Law: A Report on the Effect of Law on the Negotiation of Disputes (2012).
This report examines whether increased discretion exercised by judges is conducive to settlement. The researchers contrast examples from family law and contract law.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{133} COURT REFORMS

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
 
Jeffrey Hugh Newman, Mastering the Art and Skill of Listening: A Guide to Negotiation (2012).
This book provides strategies to enhance negotiating skills by focusing on listening. The goal is to equip the negotiator with tools to deal with a range of emotions.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER:GENERAL

Victoria Pynchon & Joe Kraynak, Success as a Mediator for Dummies (2012)
This is a basic guide to becoming a successful mediator.  It includes tips and tricks to begin a career as a mediator and a discussion of various styles of mediation.
{21} MEDIATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
Wynn C. Stirling, Theory of Conditional Games (2012)
The author uses the theory of conditional games to evaluate social situations in which decisionmaking is involved. Key is practices of negotiation among group members.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL

Leigh L. Thompson, The Mind and Heart of the Negotiator (2012).
This book is targeted at negotiators who want to improve their negotiation abilities. This text provides an integrated view of what to do and what to avoid at the bargaining table, facilitated by an integration of theory, scientific research, and practical examples.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL

Tony Whatling, Mediation Skills and Strategies: A Practical Guide (2012)
This book explores both broad principles and detailed techniques to be used in mediation. Throughout the work, the author addresses issues related to managing high conflict and emotion, responding to difficult questions and behavior, and effectively using listening and questioning skills in order to enhance the mediation experience. The effects of differences in gender, language, and culture on the mediation process are also explored.
{21} MEDIATION—GENERAL
{73} SUBJ MATTER: GENERAL