Drawing inspiration from Elizabeth Thornberg’s writing,1 it may be posited that the wonders of a mediation process—privacy, party autonomy, voluntariness, neutrality—are remedies for the horrors of litigation. Any compromise on these key features by courts and governments who may sponsor mediation programs raises questions about the purpose of the sponsoring entity and the advancement of mediation. … Continued

Dispute resolution professionals have increasingly relied on technology to promote and provide services in recent years. COVID-19 accelerated the adoption and reliance on communication technologies like Zoom and Teams, which have been professional lifesavers for many. Although everyone experienced a learning curve, some dispute resolution providers and participants—and especially some persons with disabilities (PWDs)—found the … Continued

The ADR world has struggled to attain modest improvements in diversity and inclusion. Our Section and this journal have made a point of noting that although the courts do not adequately reflect the communities they serve, we are far behind them. Importantly, the ADR providers and our Section have made serious efforts to improve the … Continued

As the first person to serve as “Upstate Chair,” it continues to be a privilege to serve as Chair of the Dispute Resolution Section. I could not do so without the tremendous support of Chair-Elect Jill Pilgrim and Vice Chair Bill Crosby. Equally important are the never-ending contributions of Secretary Erica Levine Powers, Treasurer Deborah … Continued

Book Review by Jackie Nolan-Haley Yet another book on negotiation and conflict resolution? Is there anything new to say? Thankfully, the answer is yes.Managing Conflict Mindfully: Don’t Believe Everything You Think by Professor Len Riskin (West Publishing 2023) offers a novel framework for managing conflict that integrates three seemingly disparate practices—negotiation, mindfulness, and internal family systems. Riskin, … Continued

Sophisticated litigators have come to rely on court-ordered stipulations that allow them to claw back otherwise privileged materials that were inadvertently produced. There are cogent reasons why counsel in arbitrations should enter similar stipulations that create the presumption that privileged materials were produced inadvertently. While highlighting the benefits of such a stipulation, this article also … Continued

Elayne E. Greenberg is Faculty Director of the Carey Center for Dispute Resolution and Professor of Legal Practice at St. John’s Law School. She can be reached at greenbee@ stjohns.edu. The Context On September 13, 2023, non-profit organizations and consumer law professors submitted a petition urging the Consumer Financial Protection Bureau (CFB) to allow consumers … Continued

Fairness requires that parties both understand and be understood in proceedings that affect them. This is a fundamental principle of natural justice.1 In Canada, the Canadian Charter of Rights and Freedoms provides for the right to use an interpreter where a party or witness “is deaf” or does not understand or speak the language of … Continued

Seemingly every week there is a new headline in the news relating to artificial intelligence (AI). Researchers, computer scientists, engineers, and even the average individual around the world have been thinking more and more about AI and its numerous endless potentials in our daily lives. The legal field has not been spared. Would AI ever … Continued

It is almost a given that Artificial Intelligence (AI) “is a technology that is transforming every walk of life. It is a wide-ranging tool that enables people to rethink how we integrate information, analyze data, and use the resulting insights to improve decision-making.”1 Meanwhile, in the world of Alternative Dispute Resolution (ADR) another transformation is occurring. … Continued