Dispute Resolution Magazine Archives

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DISPUTE RESOLUTION MAGAZINE is published quarterly (4 times a year) by the American Bar Association Section of Dispute Resolution. Dispute Resolution Magazine provides timely, insightful and resourceful information regarding the latest developments, news and trends in the growing field of dispute resolution throughout the world and features internationally-known scholars and practitioners as authors.

Editorial Board Chairs:

Joseph B. Stulberg, The Ohio State University Moritz College of Law
Columbus, OH

Nancy A. Welsh, Penn State University, Dickinson School of Law
Carlisle and University Park, PA

Editor:

Gina Viola Brown,  ABA Section of Dispute Resolution

The Editorial Board welcomes the submission of article concepts as well as draft articles relevant to the field of dispute resolution. The Editorial Board reviews all submissions and makes final decisions as to the publication of articles in Dispute Resolution Magazine. Submission guidelines are available on the Section of Dispute Resolution web site.

For information on advertising in Dispute Resolution Magazine, contact the ABA Advertising Business Manager at 312-988-6114.

Subscription to Dispute Resolution Magazine is included in the membership dues of the Section of Dispute Resolution. Nonmembers of the Dispute Resolution Section may subscribe to the Magazine for $30.00 per year. Back issues may be obtained for $8.00 per copy. Contact ABA Service Center at service@americanbar.org.

For more information about becoming a member, see the Member Center.

Featured Themes

Winter 2013
Community Dispute Resolution
In this Issue

  • Assissing the Importance and Challenges of Community Dispute Resolution
  • Public Funding for Community Dispute Resolution Centers
  • Using Fear and Guilt to Persuade
  • A Tribute to Roger Fisher

Fall 2012
Appreciating Frank Sander
In this Issue

  • Sander Family Dispute Resolution
  • From the Chair
  • Teacher, Mentor, Friend, Leader

Summer 2012
Education & ADR
In this Issue

  • Collaborating for our Children's Future: Mediation of Special Education Disputes
  • From the Chair
  • A National Resource for Dispute Resolution System Intergration and Performance Enhancement

Spring 2012
Women in ADR
In This Issue

  • Women in Dispute Resolution: Parties, Lawyers and Dispute Resolvers: What Difference Does "Gender Difference" Make?
  • Women and Negotiation: Tips from the Field
  • The Literature on Women and Negotiation: A Recap

    Winter 2012
    Civility in Public Discourse
    In This Issue

    • Lawyers and Civil Public Discourse
    • Navigating the Range of Public Engagement Approches
    • Public Policy Mediation
    • How to Combat Incivility
    • Mediator's Proposals

    Fall 2011
    Mass Claims and Empirical Studies
    In This Issue

    • Mass Claims
    • Studies of Persuasion
    • The Dodd-Frank Act and Consumer Arbitration
    • Party Participation and Voice
    • Barriers to Interest-Based Mediation


    Summer 2011
    Neuroscience and Negotiation
    In This Issue

    • Ethical Duties of Party Arbitrators
    • The Growth of Mediation
    • Staff Mediation

    Spring 2011
    Judicial Mediation and Settlement
    In This Issue

    • Too Little Regulation
    • Judicially Hosted Settlement Conference
    • Mediated Settlements

    Winter 2011
    Building and Marketing an ADR Practice
    In This Issue

    • Ideas For Starting Out
    • Should I Quit My Day Job?
    • Making Peace and Making Money

    Fall 2010
    Mediation Ethics
    In This Issue

    • Trick or Treat? The Ethics of Mediator Manipulation
    • Mediator Malpractice: A Proposed Defensive Path Through the Minefield
    • Helping Lawyers Help Clients Make Good Decisions About Dispute Resolution

    Summer 2010
    ADR and the Rule of Law
    In This Issue

    • Building Trust in Mediation
    •  ADR in China
    • Using ADR to Promote Transitional Justice

    Spring 2010
    ADR and Healthcare
    In This Issue

    • Who Wants to Be a Mediator?
    • ADR and Health Care: An Overview
    • Health Care Reform: Will It Impact ADR?

    Winter 2010
    ADR and the Financial Crisis
    In This Issue

    • Meltdown Mediation
    • Responding to a Crisis: New Jersey’s Foreclosure Mediation Program
    • Madoff Victim Compensation: Interview With Ken Feinberg

    Fall 2009
    The Arbitration "Issue"
    In This Issue 

    • Point/Counterpoint: Arbitration Fairness Act
    • International Commercial Arbitration
    • Confessions of a “Managerial” Arbitrator
    • Searching for the Soul of Our Movement

    Summer 2009
    International Perspectives on ADR
    In This Issue

    • Is Mediation a Profession
    • Finding the Appropriate Problem Definition in Mediatio
    • The Impact of Blogging on the Field of ADR

    Spring 2009
    Uncovering Race in Dispute Resolution

    In This Issue

    • Uncovering Race in Dispute Resolution
    • What Some Theories Say; What Some Mediators Know
    • Race Narratives in Dispute Resolution: The Mediator’s Dilemma
    • Diversity in ADR: More Difficult to Accomplish than First Thought

    Fall 2008
    Restorative Justice - A New initiative for ADR in the Criminal Contex
    In This Issue

    • Criminal Mediation
    • Victim-Offender Mediation
    • Coaching Conflict Resolution
    • Consumer Arbitration

    Summer and Spring 2008
    Fifteen Years of Dispute Resolution
    In This Issue

    • Doing the Best Mediation You Can
    • Improving Mediation Training and Regulation Through Collaborative Assessment
    • Interview: Mario Patera and Ulrike Gamm
    • Tomorrow’s Peacemakers: How to Encourage the Next Generation of Conflict Management Professionals

    Winter 2008
    Perspectives on Consent in Mediation
    In This Issue

    • International Mediation
    • Ethics and Collaborative Law
    • Interview with Ken Feinberg

    Fall 2007
    The Future of ADR Changing Practices and Processes
    In This Issue

    • ENE or Mediation ?
    • Renovations to the Multidoor Courthouse
    • Honoring Our Past, Celebrating Our Future

    Summer 2007
    Conflict and the Media
    In This Issue 

    • Adding Fuel to the Fire: Mass Media and Their Role in Social Conflicts
    • News Media as Mediators
    • The Media as a Stakeholder in Framing Public Conflicts
    • The Din of Many Voices: News Coverage, the Expansion of Discourse, and Conflict

    Spring 2007
    ADR in Sports
    In This Issue

    •  Task Force on Mediation Quality
    •  Collaborative Law 
    •  Deeper Dimensions of Practice

    Winter 2007
    ADR in Film
    In This Issue

    • Mandatory Mediation
    • Concerned Mediators Speak
    • Index of Articles

    Fall 2006
    When Disaster Strikes
    In This Issue

    • Unauthorized Practice of Law Charges
    • Neutral Experts, Standing Neutrals
    • Book Review: Integration, Not Fractionation

    Summer 2006
    Summer Inspiration Books, Movies and More
    In This Issue

    • Emotions and Negotiation
    • Class Actions and Arbitration
    • Rules for Judicial Settlements

    Spring 2006
    Exporting, Importing ADR
    In This Issue

    • Importing And Exporting ADR “I’ve Looked At Life From Both Sides Now”
    • Resolving Public Conflicts In Developing Countries From Experiments To Institutions
    • The Wrong Model, Again Why The Devil Is Not In The Details Of The New Model Standards Of Conduct For Mediators

    Winter 2006
    Raising The Bar What Deliberative Democracy Means For
    Dispute Resolution
    In This Issue

    • The revised Model Standards of Conduct For Mediators
    • Punitive Damages in Arbitration
    • ADR for Judges

    Fall 2005
    ADR Training
    In This Issue

    • Collaborative Lawyering
    • Separability in Arbitration

    Summer 2005
    Summer Reading New Releases and Old Favorites
    In This Issue

    • Class Action Rules For Arbitration
    • Vacating Arbitration Awards

    Spring 2005
    The Next Step Reaching for Professionalism in Mediation
    In This Issue

    • Expert Witness Roundtables
    • Cases that Don't Settle
    • State Legislative Update

    Winter 2005
    A New Era for Ombuds
    In This Issue

    • Do's and Don'ts for Mediators
    • Effective Community Advisory Groups
    • Bringing Peace Into The Room

    Fall 2004
    Diagnosing ADR in Health Care
    In This Issue

    • Assessing Mediator Performance
    • An Exit Interview With Jack Hanna
    • State Legislative Update

    Summer 2004
    The Vanishing Trial
    In This Issue

    • Mediator Certification
    • Gender and Negotiation
    • Commercial Arbitration

    Spring 2004
    The Spiritual Side of ADR
    In This Issue

    • FAA preemption
    • Signing Settlement
    • Apology Analyzed

    Winter 2004
    ADA Mediation Are We Getting It
    In This Issue

    • Mediator Ethics
    • 'The Vanishing Trial'
    • Federal Dispute Resolution

    Fall 2003
    Negotiation on the Front Lines
    In This Issue

    • Psychology
    • Confidentiality
    • Marketing

    Summer 2003
    ADR in a Troubled World
    *Peacekeeping *Ethnic conflict* Commercial disputes

    In This Issue

    • Dispute Resolution in a Troubled World
    • Transitional Justice: Conflict Closure and Sustainable Peace
    • European ADR
    • Mediation and Case Management

    Spring 2003
    The Nuts & Bolts
    In This Issue

    • Marketing Your Practice
    • Complex Cases
    • Mediation, Arbitration Advocacy

    Winter 2003
    Court-related ADR How Are We Doing
    In This Issue

    • Riskin Revisits His Grid
    • Lawyers and Emotion
    • Mediating Antitrust Cases

    Fall 2002
    Arbitration Ethics: A Chill Wind Blows
    In This Issue 

    • Robert Caialdini On Persuasion In Dispute Resolution
    • Multiparty Disputes: Managing Variables Key To Successful Arbitration
    • Arbitration Ethics: Winds Of Reform Blowing From The West?
    • Should California's Ethics Rules Be Adopted Nationwide?
      Yes! They Represent Thoughtful Solutions To Real Problems

    Summer 2002
    Uniform ADR Law: A Valuable Weave

    In This Issue

    • The Uniform State Law Process: Will The UMA And RUAA Be Adopted By The States?
    • The Uniform Mediation Act: Law Ensures Confidentiality, Neutrality Of Process
    • The Revised Uniform Arbitration Act: Is It The Wrong Cure?

    Spring 2002
    Sept. 11 and ADR: Meeting the Challenge

    In This Issue

    • Margaret Shaw On Systems Design For Victim Recovery
    • An Exclusive Interview With Special Master Kenneth Feinberg
    • Maria Volpe On Lessons For The DR Community

    Winter 2002
    ADR and Political Disputes
    In This Issue

    • Peace Can Prevail: Bold Leadership Can Restore Hope And Conquer Any Conflict
    • Could The Florida 2000 Election Dispute Have Been Mediated? 
              Yes: Mediation Would Have Produced A Much More Legitimate Outcome 
              No: Armed With The Lead, Bush Team Had No Incentive To Mediate Dispute

    Fall 2001
    Mediation Credentials A Fresh Look at Getting into the Game
    In This Issue

    • New Trends: Will Mediator Credentialing Assure Quality And Competency?
    • Mediating The Licensing And Certification Labyrinth
    • Points Of View: Is Mediation Really A Profession?
    • Credentialing Approaches: The Slow Movement Toward Skills-Based Testing Continues

    Summer 2001
    The State of ADR Dispute Resolution Spread in the States
    In This Issue

    • Great Progress Has Been Made, But There Is Still Much to Do
    • Things That ADR Legislation Can and Cannot Do Well
    • Issues to Consider When Drafting Government ADR Legislation

    Spring 2001
    Dispute Resolution Ethics
    In This Issue

    • Hostage Crisis Negotiations
    • ADR IN The UK
    • Ethics 2000 Proposes New rules for Lawyers in ADR

    Winter 2001
    Disagreement, Emotion in Negotiation
    In This Issue

    • A Negotiator's Guide to Emotion: Four 'laws' to effective practice
    • Book Review: Beyond Winning' takes legal negotiation to the next level
    • Demeanor doesn't tell the neutral much about truth-telling
    • The Revised Uniform Arbitration Act goes to the states

    Fall 2000
    Crime and Punishment ADR Finding It's Place in Criminal Cases
    In This Issue

    • ADR in the Criminal Justice System: Promises and challenges
    • Personalizing Crime: Victim offender Mediation
    • Mediating Misdemeanors: Big successes in smaller cases
    • Building Partnerships: Mediation gives police a new role

    Summer 2000
    Corporate ADR: Rebuilding the Model
    In This Issue

    • Will corporate ADR movement be a revolution, or just rhetoric?
    • E-Commerce, international work mark corporate ADR's cutting edge
    • As clients, corporations must teach law firms to use ADR
    • Ethical corporate conduct can be good for busines

    Spring 2000
    Gazing into the Future of Dispute Resolution
    In This Issue

    • ADR in the 21st Century: Opportunities and Challenges
    • ADR in the year 2010: Reflections on a decade of progress
    • Therapeutic justice adds to prescriptions for problems
    • Community programs broaden access to dispute resolution

    Winter 2000
    Internet Blazes New Path for Dispute Resolution
    In This Issue

    • Consensus Building Reviewed
    • Mediation and UPL Analyzed
    • NYSE, NASD Arbitration Compared

    Fall 1999
    ADRA '98: The Expansion of Court-Related ADR
    In This Issue

    • Great Potential: New federal law provides the vehicle if local courts have the will
    • State Court ADR: Specialized courts remain key sources of innovation
    • Choice of Structures: Critical values and concerns should guide format of court ADR programs
    • Risk of Coercion Too Great: Judges should not mediate cases assigned to them for trial

    Summer 1999
    ADR and Complex Cases Alternative methods Being wrapped into Complex litigation
    In This Issue

    • Model, Uniform ADR Reforms Out for Public Comments
    • Difficult Conversations and How To Deal With Them
    • James B. Boskey Tribute

    Spring 1999
    Health Care Changes New Battlegrounds for Conflict Resolution
    In This Issue

    • A New Era: Transformation of health care expands importance of conflict resolution
    • Heroic Care Cases: Mediation can help families, health care providers make hard decisions
    • Transformative Power: Medical malpractice mediations may help improve patient safety
    • Physician, Heal Thyself: Negotiation and conflict management are key skills for today's health care professional

    Fall 1998
    Arbitration: Finding the Right Mix of Fairness and Simplicity

    In This Issue

    • The Right Mix
    • Two Views: Mandatory Pre-Dispute Arbitration 
              Self-Interested Critics Spinning Truth
              Steps Needed to Prevent Unfairness
    • A 'Constructive Compromise' on Contracts of Adhesion
    • Protecting Consumers: The Consumer Due Process Protocol

    Summer 1998
    Innovations in Process: New Applications for ADR
    In This Issue

    • Group Facilitation: A Way to Address Problems Collaboratively
    • Collaborative Lawyering: For Lawyers, Its Settle or Withdraw
    • Public Conversations: Shifting to Dialogue When Debate is Fruitless
    • Study Circles: Moving from Acrimony to Democracy Buildin
    • Partnering: Agreeing to Work Together on Problems

    Spring 1998
    Transformation and Diffusion International ADR Comes of Age
    In This Issue

    • Diffusion and Transformation: Reflections on a Theme
    • Leaping the Bar: Overcoming Legal Opposition of ADR in the Developing World
    • Funding, Judicial Commitment and Basic Resources Are Keys to Successful ADR Programs in Developing Nations
    • ADR in South Africa: A Great Tool for a Rapidly Changing Society

    Winter 1998
    Confidentiality in Mediation
    In This Issue

    • Choppy Waters for a Movement Toward Uniform Confidentiality Privilege
    • A Mediation Privilege Should Be Both Absolute and Qualified
    • Confidentiality in Federal Agency ADR: A Troubling Decision
    • Confidential, More or Less

    Fall 1997
    Public Policy Disputes: Special Cases, Special Challenges
    In This Issue

    • Multi-Party Public Policy Mediation: A Separate Breed
    • A Tale of Two Cities: Day Labor and Conflict Resolution for Communities in Crisis
    • Bingo, Business, and Bureaucracy
    • Using Facilitated Negotiation to Enhance Political Decision Making
    • Negotiating Rules and Other Policies: Pay Close Heed to Structure for Success

    Summer 1997
    The RAND Report & Federal Court ADR
    In This Issue

    • Perspectives on the Rand Report: The Dialogue Continues
    • An Evaluation of Mediation & Early Neutral Evaluation Under the Civil Justice Reform Act: A Summary
    • Puzzling Over ADR : Drawing Meaning from the RAND Report
    • RAND Report Points Way to Next Generation of ADR Research

    Spring 1997
    ADR Credentialing

    In This Issue

    • Wither Certification: A Dialogue on Qualifications
    • Court-Connected ADR: New Qualifications Guidelines Say Quality Buck Stops at the Court
    • "Wheel of Fortune" of "Singled Out?": How Rosters "Matchmake"
    • Things That Lawyers Do Best (and Worst) in Mediation
    • Mediation of Disputes Under the Americans with Disabilities Act
    • Using ADR to Resolve ADA Disputes: A White Collar Case Study

    Winter 1997
    Ethics of Representation in Mediation: On the Horns of a Dilemma
    In This Issue

    • Ethics in ADR Representation: A Road Map of Critical Issues
    • Deal Killer or Deal Saver: The consulting Lawyer's Dilemma
    • Lawyer Ethics in Mediation: Time for a Requirement of Good Faith
    • 'Good Faith' Participation in Mediation: Aspirational, Not Mandatory

    Fall 1996
    Mediation and the Child
    In This Issue

    • Dispute Resolution and Children
    • Mediation With Children: Two Psychologist's Views
    • Mediation With Children: Two Lawyers' Views
    • Violence in Our Schools: Conflict Resolution and Peer Mediation as a Preventive Remedy

    Spring 1996
    Conflicts of Interest and the Lawyer-Mediator

    In This Issue

    •  Conflicts and the Courts
    • Conflicts in Subsequent Representation
    • Conflicts and Mediation Practice
    • ADR in the Federal District Courts: A Practitioner's Guide

    Winter 1996
    What is Real Mediation, and who should decide?

    In This Issue

    • The Advancement of Mediatio
    • What is Real Mediation, and Who Should Decide?
    • ADR and the Law Firm of the Future
    • Mediation and the Practice of Law
    • The Costs of Mediation: What Should They Be and Who Should Pay Them?

    Fall 1995
    The Lawyer's Role in Dispute Resolution
    In This Issue

    • Children, Courts, and Dispute Resolution
    • Legal Service Providers and Dispute Resolution: A Conversation
    • Private ADR: Escaping the Courthouse
    • Advocacy in Mediation: One Mediator's View
    • The Self Service Center: A New Approach to an Old Challenge

    Fall 1994
    Multi-Cultural Issue
    In This Issue

    • International Litigation v. Alternative Dispute Resolution Making the NAFTA Choice
    • Talking Story:
      Mediation, Peacemaking, and Culture
    • New Mexico Research Examines Impact of Gender and Ethnicity in Mediation
    • Foundations of Mediation in a Culture of Violence

    Summer 1994
    Binding Arbitration Clauses
    In This Issue

    • FACE OFF:
      Should Biding Arbitration Clauses be Prohibited in Consumer Contracts?
    • New ABA Rule Affects Lawyer-Mediators
    • Bring the Lawyers into Divorce Mediation
    • Innovations in Dispute Resolution

    Spring 1994
    Lawyers, Advocates, and Mediation: Three Perspectives (Inaugural Issue)
    In This Issue

    • FACE OFF:
      Should Lawyer-Mediators be Prohibited from Providing Legal Advice or Evaluation?











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