Featured Articles

From the Chair

It is an honor to be following Debbie Masucci as chair of the Dispute Resolution Section of the American Bar Association. She has taken the section to the next level and left us with the challenge of maintaining high-quality section activities and benefits, including publications.

Teacher, Mentor, Friend, Leader

Frank E. A. Sander is one such transformative figure, a man who for nearly 40 years has nurtured the field of dispute resolution that today is credited as being one of the most significant shifts in American law.

The Pound Conference Remembered

Taking advantage of his position, the ABA president set up a “Special Committee on the Resolution of Minor Disputes,” which was charged with finding or devising dispute resolution mechanisms capable of settling “minor disputes” effectively and efficiently, seeking to set up and evaluate pilot programs and then promoting adoption of the successful models throughout the country.

Dedication to Collaboration and Integrity

As a professor and associate dean of the Harvard Law School, Frank had credibility that has been instrumental, perhaps essential, in convincing the profession that alternatives to litigation – from mediation to negotiation to arbitration to hybrids such as the mini-trial – are an important part of the dispute resolution process.

Reflecting on Frank E. A. Sander's Leadership Through His 18 Years Leading Dispute Resolution Magazine

Imagine an American Bar Association section publication being led by the founder of that section’s field. Imagine as well that this person is a distinguished scholar, a ruthlessly rigorous judge of quality, a warm and compassionate friend to whom people are drawn, a person who doggedly prepares for each telephone meeting and a positive individual dedicated to making a difference.

Frank Sander: Mentor to the Field of Dispute Resolution

In this essay, we highlight three aspects of Frank’s mentorship that are especially noteworthy – his curiosity, candor and compassion – and show how they characterized his mentorship of the field at all levels.

Sowing Mediation Seeds Around the World

We know little about Frank Sander as a professor of tax law or family law (except, of course, that he gained tenure at Harvard teaching those subjects), but because we have had the privilege of teaching a weeklong mediation workshop with him for almost three decades, we know much about how Frank has changed many people’s lives in only five days.

Mediation Narrative: Dimensions of Understanding

“Did you come all the way from liberal Austin to discuss toilet stall dimensions?” he barked, his eyes like lasers piercing holes through my head.

New Beginnings in Commercial Mediations: The Advantages of Caucusing Before the Joint Sesion

Those advocating joint session emphasize the importance of enhanced understanding and relationships, while those favoring a caucus model emphasize case management. Of course, many mediators use a combination of joint sessions and caucuses.

Ethical Guidance in Mediation

Model Standard V(A) provides, “A mediator shall maintain the confidentiality of all information obtained by the mediator in mediation, unless otherwise agreed to by the parties or required by applicable law.” The mediator’s duty is straightforward. Since neither of the exceptions --party consent or a requirement of law -- applies, the mediator must maintain confidentiality.

Sander's Contribution to the German Field

Frank was announced as an expert on the role of courts in American society, the initiator of multi-door courthouse experiments in Tulsa, Houston and Washington, and director of the Dispute Resolution Program at Harvard Law School.

ADR Cases

In Mastick v. TD Ameritrade, Inc., B237475 (Cal. Ct. App. 2nd Dist., Oct. 9, 2012), the California Court of Appeal affirmed the denial of a motion to compel arbitration that was based on California law because the parties specifically chose California law in their agreement.

Section News

In October 2011, the Section Council appointed a Task Force to recommend whether the Section should adopt a policy on mediator credentialing.