Mayhew-Hite Report        ADR Publications Hot off the Press

Program on Dispute Resolution faculty have published several thought-provoking ADR articles over the past few months.  The following publications are an illustrative example of recent work in the filed of dispute resolution.

Sarah Cole‘s The Lost Promise of Arbitration is hot off the press in SMU Law Review and is part of a symposium edition which re-examines Richard Delgado’s 1985 article on prejudice in ADR.  Cole’s article is suggests arbitration fosters a fair and equitable dispute resolution mechanism for those with less bargaining power than their opponents.

Ellen Deason‘s Beyond “Managerial Judges”: Appropriate Roles in Settlement is published in the Ohio State Law Journal and argues for reform that would prevent judges assigned to a case for pretrial management and trial from serving as the neutral at a settlement conference or judicial mediation.

Both Josh Stulberg and Amy Cohen contributed chapters to the Negotiator’s Desk Reference (eds. Christopher Honeyman & Andrea Kupfer Schneider, 2017).  Amy’s contribution is titled Law in the Shadow of Negotiation: On the Jurisprudence of Roger Fisher.  Josh co-authored The Uses of Mediation with Lela P. Love.

Nancy H. Rogers published One Idea for Ameliorating Polarization: Reviving Conversations About an American Spirit in the Journal of Dispute Resolution.  The article suggests some considerations to weigh when identifying an American spirit and a process for going about it.