September 30, 2017

September 2017

Ben Davis is a tenured Professor of Law at the University of Toledo College of Law. He is a graduate of Harvard College (BA) and Harvard Law School and Harvard Business School (JD-MBA) where he was Articles Editor of the Harvard International Law Journal. Professor Davis teaches in the areas of Contracts, Alternative Dispute Resolution, Arbitration, Public International Law, and International Business Transactions.  He was granted an Outstanding Teacher Award by the University of Toledo in 2016. He created the Guantanamo Military Commission Human Rights Observer Program at the University of Toledo.

Prior to joining the faculty, Professor Davis was an Associate Professor at Texas Wesleyan University School of Law (now Texas A & M University School of Law).  Between 1983 and 1986, he worked in Paris, France and in West Africa with Louis Berger and Co as a Development Consultant and with Mars and Co (a Boston Consulting Group spin-off then) in Europe as a Strategic Business Consultant.

In 1986, he became the American Legal Counsel at the International Court of Arbitration of the International Chamber of Commerce where he supervised directly or indirectly over 5000 international commercial arbitration and mediation cases, made filings before courts around the world on behalf of the ICC, assisted with the drafting of arbitration laws in countries such as India and Sri Lanka, and led conferences in Eastern and Western Europe, North America, and Asia.  He led the design and implementation of the first computerized case management system for the Court (1989-1993) (during the migration from MS-DOS to Windows in the digital world) which is now in its third generation and remains robust.

In 1996, he was promoted to Director, Conference Programmes and Manager of the Institute of World Business Law where he led the turnaround of the institute and organized training sessions on international contracts, dispute resolution, project finance, and electronic commerce.

He is the creator of fast-track international commercial arbitration (1991-2) and the creator of the International Competitions for Online Dispute Resolution (ICODR) (2000-2005) by which students from around the world competed in online negotiation, mediation, arbitration and litigation for free.

He is a former co-chair of the Diversity Committee of the ABA Section on Dispute Resolution, as well as a former Council Member and former Liaison of the ABA Council for Racial and Ethnic Diversity in the Educational Pipeline (Pipeline Council).  He was a member and Subcommittee Chair for the Arbitration Competition for the ABA-Law Student Division Competitions Committee helping develop the arbitration moot court of the ABA.

He is a former Member of the ABA Standing Committee on Law and National Security and is a member of the Africa Council of the ABA Rule of Law Initiative (ROLI).

He led the successful effort in the American Society of International Law to pass only the 8th resolution in its history entitled the ASIL Centennial Resolution on Laws of War and Detainee Treatment in 1996.  He is a Board Member of the Society of American Law Teachers and has worked on amicus briefs to courts and made shadow reports and represented SALT to United Nations human rights entities in Geneva doing periodic reporting on the human rights record of the United States. He is a founder of Advocates for US Torture Prosecutions.

Professor Davis has given numerous presentations and speeches around the world. He is a contributing editor at Jurist and the SALTLAW Blog.  He has published dozens of articles on topics related to international and domestic arbitration, online and offline dispute resolution, and international law.

Contact Section Chair Benjamin G. Davis at benjaming.davis@icloud.com or on Twitter at @bengriffdavis.

The 2017 ABA Negotiation Institute
ABA Offices
October 7, 2017
Washington, D.C.

This program is designed to help you develop practical skills in legal bargaining. To ensure an interactive experience, the Institute is limited to 50 attendees. You will participate in hands-on roleplaying and receive individual feedback from a faculty of leading attorneys, trainers, and academics.

15th Annual ABA Advanced Mediation and Advocacy Skills Institute
Straus Institute at Pepperdine School of Law
October 19-20, 2017
Malibu, CA

This two-day interactive institute features rare opportunities to learn from some of the leading mediators and advocates in North America. Each plenary session panel features an expert mediator, in-house counsel, and a skilled outside attorney, discussing each phase of the mediation process. Small group discussions led by experts in the field follow the plenary session panels.

The opportunity for mediators and advocates to interact in small facilitated groups provides a unique environment to enhance your skill, knowledge and understanding of the mediation process.

The ABA Section of Dispute Resolution has announced the results of the 2017 Boskey Law Student Writing Competition.

John Kelly, a student at Loyola School of Law, received the top prize for his essay, The Cannabis Industry: Harvesting the Benefits of a Counter-Narrative Model to Arbitration.

Brian Holb, a student at The Ohio State University Moritz College of Law, received honorable mention for his essay, Making the Case for Mediation in Public Sector Labor Relations.

Weinstein JAMS Fellowship

The Weinstein JAMS International Fellowship constitutes the JAMS Foundation’s primary international initiative to support ADR practitioners worldwide in the promotion and advancement of conflict resolution in their home countries and beyond. The program is intended specifically for individuals who have demonstrated a commitment to ADR and who wish to increase the availability of ADR education and services in their home countries. Fellowship applicants who have experience as lawyers, law professors, court administrators, government officers, ADR practitioners, or judges are given strong preference in the application process.

Applications for the 2018 Weinstein JAMS Fellowship program are due November 17, 2017.

The Standing Committee on the Delivery of Legal Services is teaming with the Institute for the Advancement of the American Legal System to produce a conference on Unbundled Legal Services at the University of Denver on October 26 – 27.

Over the past several years, state and national reports on narrowing the justice gap and improving access to affordable legal services have advocated an expanded use of unbundling, where lawyers partner with their clients to divide the tasks to accomplish a legal solution. Research indicates there is a consumer demand for this type of service, lawyers can expand their client base and courts are able to have better prepared pro se litigants. We are near the tipping point and hope the conference will create an environment for the expansion of this model.

The conference, entitled “Better Access through Unbundling: From Ideation to Implementation,” will assemble national experts and state leaders in an effort to advance the creation of strategic plans to broaden limited scope representation throughout the states. Topics will cover:

  • Research on what we know about unbundling, including very recent data on the perspectives of practitioners;
  • Outreach efforts, best practices and collaborations;
  • The practitioner’s perspective;
  • The role of technology in unbundling; and
  • The need for policy and rule changes that enable lawyers to expand access.

Details about the conference and registration information are at: http://iaals.du.edu/honoring-families/events/better-access-through-unbundling. We hope you will share this information with those who may be interested in attending.

Hitting the Jackpot - Annual Meeting

Las Vegas, NV
October 5 - 7

Don’t miss the ABA Forum on the Entertainment and Sports Industries 2017 Annual Meeting in Las Vegas, Nevada, October 5-8, 2017 at the Cosmopolitan of Las Vegas Hotel. Join the Forum for three days of programming and take home innovative and progressive concepts for improving your odds in entertainment and sports law.


24th Annual Northwest Dispute Resolution Conference

The 24th Annual Northwest Dispute Resolution Conference, scheduled for March 22-23, 2018 on the University of Washington's Seattle campus, is now accepting proposals.

Submit a Proposal

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The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or Section of Dispute Resolution unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only.

The Section of Dispute Resolution has 21 open practice area committees and five standing committees. DR members can join as many open committees as they’d like for free and can express interest in being appointed to a standing committee. 

Check out our Committees or see all the 2017-2018 Section Leaders, including Council Members and Committee Chairs.

Members of the ABA have the ability to control how the ABA communicates with them by adjusting preferences within myABA. On the ABA web site look for myABA and then look for the ABA Communications Preferences tab. You can then identify how you receive ABA publications as well as e-mails. You can also check your contact information to make sure it is up to date and includes the e-mail address where you want to receive ABA communications.

Your communications preferences also list all Committee list serves.

What to know about the ABA List Serves

  1. You can only send messages to your listserv if you are a member of that committee. To become a member, log on to myABA and click on Join ABA Committees in the Dispute Resolution box.  Click on the checkbox to the left of the committees you would like to join. Click Save.
  2. All committee members are members of the committee’s list serve.
  3. If your ABA membership lapses, you need to rejoin committees.

You can always contact ABA DR Section staff at 202-662-1680 or the ABA Service Center for additional assistance with your membership and communication preferences.

Beyond Smart: Lawyering with Emotional Intelligence

In Beyond Smart: Lawyering with Emotional Intelligence, Ronda Muir thoroughly and thoughtfully discusses emotional intelligence (EI) in the unique context of practicing law. EI is the ability to recognize, understand and regulate our own and others’ emotions. Industries worldwide have incorporated EI into their education, hiring, training, and leadership programs to maximize performance. In contrast, the legal community has yet to recognize the role of emotions in lawyer performance.

In Beyond Smart, Muir details:

  • How lawyers compare to doctors and other professionals in emotional intelligence
  • Why emotionally intelligent lawyers are smarter, better practitioners, make more money, and are physically and mentally healthier
  • How law departments and law firms profit from high EI leadership and performance and lower attrition, healthcare and professional liability costs
  • Where to test your emotional intelligence
  • The steps that will raise emotional intelligence individually and in our workplaces
  • Why law schools interested in producing the best and brightest should include emotional intelligence in admissions and curricula