In This Issue

Alternative Dispute Resolution

Technology and the Future of Dispute Resolution

Think back 10 years. That’s not too long ago, right? You’d think not much has happened, but quite a few big things have emerged, particularly in the area of technology. Facebook was founded in a dorm room at Harvard in 2004. Twitter was started in 2006. Steve Jobs introduced the iPhone in 2007. The Android mobile phone operating system was released by Google in 2008. Although they are only a few years old, these innovations have sparked huge changes in our society, almost to the point where we can’t imagine modern life without them.

Alternative Dispute Resolution

Technology and Dispute Systems Design: Lessons from the “Sharing Economy

The emergence of the field of dispute systems design (DSD) and the invention of the World Wide Web took place around the same time, in the late 1980s. For more than two decades, however, these fields have developed on separate tracks, with no connection. While the two arenas have been converging in recent years with the growth of online dispute resolution (ODR), the far-reaching implications of technology on DSD have yet to be fully explored.

Alternative Dispute Resolution

Online Dispute Resolution and Divorce: A Commentary

My legal practice and my research and teaching in the field of law have been heavily influenced by my social work training and experience. An important frame for this work is Therapeutic Jurisprudence (TJ), a critical legal perspective that focuses on law as a therapeutic agent. A key question in TJ is the effect of a law or practice on the well-being of the people who are its subjects. A therapeutic perspective takes account of people’s wide-ranging contexts and views all individuals as a part of larger systems, so they are always existing in relationship with others rather than acting as atomistic individuals.

Alternative Dispute Resolution

In The Netherlands, Online Application Helps Divorcing Couples in Their Own Words, on Their Own Time

Several years ago, the Dutch Legal Aid Board, which aims to ensure that all citizens in The Netherlands have access to legal representation and justice, realized that technology could improve the quality of legal services. In partnership with HiiL Innovating Justice, a nonprofit advisory and research institute for the Dutch justice sector, and Modria, a company that specializes in online dispute resolution tools, in 2006 the Legal Aid Board started to develop an online application to help parties work out divorce and separation agreements.

Alternative Dispute Resolution

Ethical Conflicts and ADR Using Screening Walls and Advance Waivers to Manage Conflicts of Interest

Assume that you have just successfully mediated a commercial dispute between A and B concerning a product developed by A that was being licensed by B. During the course of the mediation, you learned in confidence from A about the history of development of the product. A year later, one of your law partners at the XYZ law firm is asked to represent C in a claim against A involving the same product, but in a product liability context. Under what circumstances is a member of your firm precluded from taking on the representation of C? This article discusses this issue and suggests an approach for managing potential conflicts.