Discussions in Dispute Resolution

Art Hinshaw is the Associate Dean for Experiential Learning, the John J. Bouma Fellow in Alternative Dispute Resolution, and a Clinical Professor of Law at the Sandra Day O'Connor College of Law, Arizona State University. Dean Hinshaw is the founding director of the Lodestar Dispute Resolution Center, and his work has resulted in four books, 25 articles and book chapters, and four prestigious awards from the International Institute for Conflict Prevention and Resolution. Currently, he is a co-chair of the editorial board for the ABA's Dispute Resolution Magazine and a regular contributor to Indisputably, the ADR law professor blog.Andrea Kupfer Schneider is a professor of law and director of the Kukin Program for Conflict Resolution at Cardozo School of Law. Professor Schneider has published numerous textbooks, book chapters, and articles on negotiation, plea bargaining, negotiation pedagogy, ethics, gender, and international conflict. In 2024, Professor Schneider received the RubinTheory to Practice Award given by the International Association of Conflict Management (IACM) and the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work in 2017. She is a founding editor of Indisputably, the blog for ADR law faculty, and started the Dispute Resolution Works-in-Progress annual conferences in 2007. In 2016, she gave her first TEDx talk titled "Women Don't Negotiate and Other Similar Nonsense."Sarah Rudolph Cole is the Michael E. Moritz Chair in Alternative Dispute Resolution at the Moritz College of Law, Ohio State University. Professor Cole has authored numerous books and articles on dispute resolution. In 2013, she received the Ohio State Alumni Award for Distinguished Teaching, and in 2024, she won the University of Puget Sound's Distinguished Alumni Award for Lifetime Professional Achievement. In 2022, Professor Cole won CPR's Outstanding Professional Article Award and, along with her co-authors on the first volume of this book, won the CPR OutstandingBook Award. In 2023, she received the ABA Section on Dispute Resolution's Outstanding Scholarly Work Award.

• Introduction PART 1: INTERVIEWING AND COUNSELINGArticle 1.1: Good Lawyers Should Be Good Psychologists: Insights for Interviewing and Counseling Clients (2008)--Jean R. Sternlight and Jennifer K. RobbennoltComments:Erin Archerd--(Ir)rational Thinking and the LawGilat Bachar--More (Than) Just LawyeringLauren Newell--Interviewing and Counseling with Gen ZJean R. Sternlight and Jennifer K. Robbennolt--Maybe We Can Fill That Glass PART 2: NEGOTIATIONArticle 2.1: When People are the Means: Negotiating with Respect (2001)--Jonathan R. CohenComments:Jennifer Brown--<"Respect> " in Negotiation (and Other Persuasive Relationships)Noam Ebner--Big-E Ethics and little-e ethics in NegotiationJennifer Reynolds--More Meta, More ProblemsJonathan R. Cohen-The Ethical Duty to Listen and Consider Article 2.2: Aspirations & Settlement (2002)--Russell KorobkinComments:Michael Colatrella--The Complexity of High AspirationsNoam Ebner--Embracing Messiness in Negotiation TheoryRebecca Hollander-Blumoff--Modeling Hope: Economic Aspirations in NegotiationRussell Korobkin--Aspirations in Negotiation: Descriptive and Prescriptive Article 2.3: Shattering Negotiation Myths: Empirical Evidence on the Effectiveness of Negotiation Style (2002)--Andrea Kupfer SchneiderComments:Cynthia Alkon--Shattering Negotiation Myths and Building New FoundationsAlyson Carrel--Shaping the Future of Law Starting by Shattering Negotiation MythsKatrina Lee--Enduring Impact: Portrait of the Effective Lawyer NegotiatorAndrea Kupfer Schneider--Was Getting to Yes Getting it Right? Article 2.4: Apologies and Legal Settlement: An Empirical Examination (2003)--Jennifer K. RobbennoltComments:Jacqueline N. Font-Guzmán--The Power of Apologies and the Pursuit of Justice... Dwight Golann--Do Apologies Matter in Civil Litigation? And If They Do, Why Are They So Rare?Oladeji M. Tiamiyu--Robbennolt's Analysis of the Contextual Role and Value of Apologies in Legal Settlement Jennifer K. Robbennolt--Developing an Empirical Understanding of Apologies in Law PART 3: MEDIATIONArticle 3.1: Making Deals in Court-Connected Mediation: What's Justice Got To Do with It (2001)--Nancy A. WelshComments:Hiro Aragaki--Making It RealDeborah Thompson Eisenberg--Mediation and Procedural Justice: Where Are We Now?Jacqueline Nolan-Haley--Revisiting Deals and Justice in Court-Connected MediationNancy A. Welsh--Procedural Justice and Settlement Article 3.2: Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research (2002)--Roselle L. WisslerComments:Lydia Nussbaum--Empiricism UndauntedPeter R. Reilly--Insights from a Dispute Resolution Empiricist: Preparation, Fairness, and Party Empowerment in MediationRachel A. Viscomi--A Mirror to Help Us Improve: Reflecting on Roselle Wissler's Court-Connected Mediation in General Civil Cases: What We Know from Empirical ResearchRoselle L. Wissler--We Have More to Learn About Mediation from Empirical Research Article 3.3: Suing Mediators (2003)--Michael MoffittComments:Rishi Batra--Suing Mediators - A Lack of Liability Hurts Us AllSharon Press--Revisiting Suing MediatorsOmer Shapira--The Significance of Suing MediatorsMichael Moffitt--Twenty Years After Suing Mediators Article 3.4: Disputing Irony: A Systematic Look at Litigation about Mediation (2006)--James R. Coben and Peter N. ThompsonComments:Ellen E. Deason--Praise (and Gentle Criticism) for Using U.S. Litigation Statistics to Praise (and Gently Criticize) Domestic and International Mediation Policy Choices Art Hinshaw--Is Litigation about Mediation Ironic?Andrew Mamo--Embracing IronyJames R. Coben and Peter N. Thompson--Disputing Irony Revisited PART 4: ARBITRATIONArticle 4.1: Managerial Litigants? The Overlooked Problem of Party Autonomy in Dispute Resolution (2000)--Sarah Rudolph ColeComments:Carli Conklin--Enduring Questions of Authority, Integrity, Consistency, and Predictability in Judicial Review of Arbitral AwardsBrian Farkas--The Heart of It: Dispute Resolution's Private-Public TensionRafael Gely--A Dispute Systems Design Perspective on Managerial Litigants? The Overlooked Problem of Party Autonomy in Dispute ResolutionSarah Rudolph Cole--How Should Courts Review Managerial Litigants' Procedural Rulemaking? Article 4.2: As Mandatory Binding Arbitration Meets the Class Action, Will the Class Action Survive? (2000)--Jean R. SternlightComments:Richard Bales--The Lasting Significance of Jean Sternlight's 2000 Article in Contemporary Dispute ResolutionAlexander J.S. Colvin--When Mandatory Binding Arbitration Met the Class Action: Why We Were Right to WorryMaureen A. Weston--Strategic Shifts: The Corporate Playbook on Arbitration, Class Actions, Mass Arbitration, and Privatized JusticeJean R. Sternlight--What Happens When King Kong Meets Godzilla?: Using Mandatory Arbitration Clauses to Eliminate Class Actions Article 4.3: Saturns for Rickshaws: The Stakes in the Debate Over Predispute Employment Arbitration Agreements (2001)--Samuel Estreicher Comments:Michael Z. Green--The Brilliance of Explaining Mandatory Arbitration as a Choice Between Saturns and RickshawsE. Gary Spitko--Employment Arbitration HeresiesW. Mark C. Weidemaier--What Cars Should be Allowed on the Road?Samuel Estreicher--Employment Arbitration: Towards a Hearing on the Merits for Most Americans Article 4.4: In Defense of Southland: Reexamining the Legislative History of the Federal Arbitration Act (2002)--Christopher R. DrahozalComments:Jill I. Gross--The Danger of Binary Thinking: Drahozal on SouthlandImre Stephen Szalai--The Real Southland Decision: Drahozal's Trailblazing ArticleStephen J. Ware--Drahozal's Defense of SouthlandChristopher R. Drahozal--In Defense of Southland: Arbitration Law, Federalism, and Legal Scholarship PART 5: SYSTEMIC ISSUESArticle 5.1: Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering (2003)--John LandeComments:Debra Berman--Collaborative Law: Questioning a Novel ProcessKristen M. Blankley--Ethical Alarm Bells Surrounding Collaborative Law Lead to Solid Foundation for PracticeKelly Browe Olson--Collaborative Law and IPV ConcernsJohn Lande--Possibilities for Early Dispute Resolution Article 5.2: The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts (2004)--Mark GalanterComments:Lisa Blomgren Amsler--Galanter's Systemic Analysis of How Repeat Players Reduced Trials Yael Efron--The Effects of Marc Galanter's Worldwide Legacy on Legal Practice, Scholarship, Education, and SocietySheila Heen--Marc Galanter: Everything, Everywhere, All at OnceJohn Lande--The Phenomenon Known as The Vanishing Trial Article 5.3: An Analytic Framework for Dispute Systems Design (2009)--Stephanie Smith and Janet MartinezComments:Grande Lum--Don't Just Love the Playa, Love the Game: Appreciating An Analytic Framework for Dispute Systems Design Carrie Menkel-Meadow--A Systematic Approach to Dispute Systems Design: Commentary on An Analytic Framework for Dispute Systems Design Guillermo Garcia Sanchez--Global Impact and Legacy: Smith and Martinez' Framework for International Dispute System DesignStephanie Smith and Janet Martinez--Dispute System Design: Where We've Come From and Where We're Heading Conclusion