Resources

Access to Justice

Access to Justice Resources

Click here for a white paper, a series of essays, and a pro bono manual on access to justice.

Manual for Legal Services and Pro Bono Mediation Programs

This manual has been created to assist legal services and pro bono agencies in developing mediation programs. The manual is designed to give governing boards, chief executives and mediation program administrators the tools to start new programs or to strengthen existing programs.

Advocacy

Role of Attorneys in Mediation Process

The traditional role of the lawyer has been to represent the interests of his or her client, by advising the client regarding procedure and substantive law, counseling the client, and managing the legal process for the client. While the lawyer will continue to perform each of these traditional functions in the mediation process, the manner and the context in which those functions are performed will be different.

Arbitration

Benefits of Arbitration for Commercial Disputes

Arbitration is preferred by many as a way to resolve commercial disputes. It has many advantages over litigation in court, such as party control of the process; typically lower costs and shorter time to resolution; flexibility; privacy; awards which are final and enforceable; decision makers who are selected by the parties on the basis of desired characteristics and experience; and broad user satisfaction.

Arbitrator Disclosures after Monster Energy: Obligations and Opportunities

A discussion on the existing standards for arbitrator disclosures, the model disclosure "authority" in court, the impact of Monster Energy's expansion of the previously existing standards.

Courts

State Mediation Program Directory

Are you interested in the court mediation programs within your state’s jurisdiction? Look no further. Produced by the Mediation Committee Fellows, we are excited to present the inaugural 2021 Program State Directory.

Information Courts Should Collect Regarding ADR

Preliminary Recommendations on Data Elements for Courts to Collect Regarding ADR & Settlement Assistance.

Dispute Systems Design

Words Work

Words Work is an adaptable ten-session curriculum that is designed to help students develop communication, relationship, leadership and problem-solving skills for use in their daily lives.

Diversity

Diversity Resources

Section of Dispute Resolution diversity initiatives, including directories, guides, and committee initiatives that support the elimination of bias within the profession.

Diversity Report

Gender Differences in Dispute Resolution Practice: Report on the ABA Section of Dispute Resolution Practice Snapshot Survey.

Early Dispute Resolution

Planned Early Dispute Resolution Project (PEDR)

The American Bar Association Section of Dispute Resolution appointed the Planned Early Dispute Resolution (PEDR) Task Force to promote planned early dispute resolution by lawyers and clients and to take advantage of the services of neutral dispute resolution professionals at the earliest appropriate time.

Guide to Planned Early Dispute Resolution

This guide was prepared by the Planned Early Dispute Resolution Task Force to promote planned early dispute resolution by lawyers and clients and to take advantage of the services of neutral dispute resolution professionals at the earliest appropriate time.

Ethics

National Clearinghouse for Mediator Ethics Opinions

Whether you are looking for mediation ethics opinions in a specific jurisdiction or analysis of an ethical standard, this online database provides opinions from 43 states. Enter your search on the next page.

ADR Ethics Resources

Find a listing of the ABA Model Rules and Standards Relevant to Attorneys and Neutrals

Family

Family Mediation Guide

This guide has information specific to mediation in family disputes.

Government

Guide for Federal Mediators

This Guide is intended to provide practical ethical guidance for federal employee mediators tailored to mediation practice within the federal government.

Interagency Alternative Dispute Resolution Working Group

The Interagency ADR Working Group was established as a resource for developing ADR programs and sharing information to support the use of ADR.

Department of the Air Force Negotiation and Dispute Resolution (NDR) Program

The Negotiation and Dispute Resolution Program champions effective problem-solving and equips Airmen and Guardians to leverage negotiation and conflict resolution skills to enhance mission readiness.

Federal Judicial Center

The Federal Judicial Center is the research and education agency of the judicial branch of the U.S. government. Its purpose is to further the improved judicial administration in the courts of the United States.

John S. McCain III National Center for Environmental Conflict Resolution (National Center or NCECR)

The National Center guides groups through collaborative processes to achieve science-based decision-making, collaborative policy, and other lasting outcomes, with a focus on a wide range of environmental, natural resources, and public lands issues involving the Federal Government.

International

Stanford Center on International Conflict and Negotiation (SCICN)

SCICN is an interdisciplinary research and teaching community dedicated to the study of conflict resolution and peacebuilding. It supports innovative researcher-practitioner collaboration, provides a forum for scholars to discuss research and methods in conflict resolution and peacebuilding, and offers seminars and colloquia at Stanford.

Legal Education

ABA/Suffolk University Law School Dispute Resolution Video Center

The ABA/Suffolk University Law School Dispute Resolution Video Center provides live video examples of mediation and negotiation and other resources for teachers and other professionals. It focuses on civil disputes involving lawyers, but also contains examples of negotiation and community mediation. Teachers of ADR may download videos and roleplays at no charge for use in their classes.

Lawyer as a Problem Solver Exercises

The authors of these exercises encourage other professors and teachers to use the exercises in their courses to develop the perspective of the lawyer as problem solver.

Legal Education, ADR and Problem Solving (LEAPS)

The LEAPS Project website is available for professors as they plan courses for the academic year. The materials are available to help law school instructors incorporate some instruction in practical problem-solving in various courses.

Legislation

February 2023 ADR Legislative Update

The February 2023 update on the status of federal alternative dispute resolution (ADR) legislation and other related proposals and measures.

August 2022 ADR Legislative Update

The August 2022 update on the status of federal alternative dispute resolution (ADR) legislation and other related proposals and measures.

February 2022 ADR Legislative Update

The February 2022 update on the status of federal alternative dispute resolution (ADR) legislation and other related proposals and measures.

Mediation

Foreclosure Mediation

Residential mortgage foreclosure mediation programs provide a neutral forum for residential borrower-homeowners and their lenders to avoid foreclosure by working out new mortgage terms or other agreements mutually acceptable to both parties.

Complex Mediation Guide

This guide is designed for parties in complex civil disputes who are represented by lawyers.

Task Force On Research On Mediator Techniques

Report of the ABA Section of Dispute Resolution Task Force On Research On Mediator Techniques.

General Mediation Guide

General information about the mediation process and questions to think about and ask before and during mediation.

Task Force on Mediator Credentialing Report

The Council of the ABA Dispute Resolution Section created a Task Force to recommend whether the Section should adopt a policy concerning credentialing of mediators.

Task Force on Improving Mediation Quality Final Report

This report addresses factors that define high quality mediation practice.

Ombuds

K-12 Ombuds Toolkit

Whether you are building an ombuds program, talking with an ombudsman as his or her constituent, or standing outside an ombuds office during discovery stymied by the program's confidentiality, it helps to know what type of ombudsman you are dealing with. Arm yourself with a basic knowledge of the blueprints and architecture of an ombuds office.

Online Dispute Resolution (ODR)

Guidance for Online Dispute Resolution (ODR)

ODR became ubiquitous during the pandemic. Until recently, there has been little guidance for those designing, developing, hosting, and practicing ODR. In August 2022, the Section of Dispute Resolution adopted ODR Guidance and is excited to share findings with the dispute resolution community. Read the task force report here!

Resources for Online Practice

What you need to know to effectively practice online.

Mock Mediation

This educational resource created by the Mediation Committee provides mediators, attorneys, and other participants a practical introduction to video-based mediation conducted via Zoom, including useful tips and best practices to help ensure a smooth process.

Organizations

ADR Organizations

Click here for a list of national, state, and local dispute resolution organizations.

Practice Development

Building Your Mediation Practice by Lee Jay Berman

If you are having trouble getting your mediation practice off the ground, and you don’t want to mediate litigated cases, learn how else you can make a living as a mediator.

Tips for Developing Your Dispute Resolution Practice

Natalie Armstrong-Motin offers sound advice for those interested in developing their own private practice in the field of dispute resolution.

Who Wants to be a Mediator?

Authors Margaret L. Shaw and Stephen B. Goldberg interview 31 long-time mediators about their career satisfaction, what it takes to become successful in the mediation marketplace, and the challenges—and advantages—of turning to mediation as a second career.

Practice Development Library

Learn all about how to build and succeed in your mediation or arbitration practice.

Public Disputes and Consensus Building

Directory of Public Policy Dispute Resolution, Consensus Building, and Related Practices Practitioners

Profiles of a dozen practitioners of public disputes resolution, community problem solving, consensus building, public issues facilitation, community mediation, and related practices compiled by the Public Disputes and Consensus Building Committee of the ABA Section of Dispute Resolution.

Students

ABA Law Student Division

You can become an ABA Law Student Member for free! Once you are a Law Student Member, you can also join the Section of Dispute Resolution for free. The ABA gives its members a wealth of law school advice, career guidance, perks and discounts, networking, and more.

University-Based Dispute Resolution Programs

Interested in studying dispute resolution? Here is a list of university programs to help you get started

WIDR (Women in Dispute Resolution)

WIDR’s Member Directory of ADR Practitioners

The directory, compiled and published annually by the Women in Dispute Resolution (WIDR) Committee, advances the ABA’s call for the selection of diverse neutrals. It is searchable and includes contact information for regional chairs, who can assist with questions about finding a mediator or arbitrator in a particular jurisdiction.

Young Professionals

What Every Law Student Should Know by Mary Dunnewold

You should know that the means for resolving disputes have expanded well beyond traditional adversarial litigation in the courtroom.

List of ADR Training Providers

Learn more about what mediation, arbitration, and other ADR trainings are provided in which states.