Dispute Resolution Magazine Archives

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

 

Fall 2013 
Famiilies, Dispute Resolution and Lessons Learned 
In This Issue

  • Family Court ADR: Decades of Cultivating Innovation  
  • Cross-Fertilization: Family ADR to Civil ADR
  • Time to Shatter the Stereotype of Self-Represented Litigants

Summer 2013

In this Issue

  • Book Review of Anatomy of a Mediation
  • From the Chair
  • Book Review of Arbitration and the Constitution

Spring

In this Issue

  • To Regulate or Not to Regulate, or (Better Still) When to Regulate
  • From the Chair
  • "Live Free" or Regulate?

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 business

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 Building
  • 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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