Professional Judgment for Lawyers by Randall Kiser For over fifteen years, Randall Kiser has been challenging lawyer decision-making and risk assessment. His seminal work studying settlement rejections demonstrated an unexpectedly high rate of “decision error” which resulted far too often in either plaintiffs’ recoveries at trial lower than the settlement offered or significantly greater payouts by … Continued
In recent years dispute resolution service providers, professional associations, and court-annexed ADR programs have launched initiatives to increase diversity, equity, and inclusion (DEI) among dispute resolution practitioners. These programs seek to recruit, train, and support members of historically underrepresented communities in the mediation and arbitration fields and provide them with the necessary training and experience … Continued
As arbitral institutions and other ADR organizations continue to evaluate the extent of their commitment to advancing diversity and inclusion in the dispute resolution profession, the authors share their personal insights and perspectives about the importance and meaning of focused mentoring and inclusion. In the summer of 2022, the authors were selected to participate in … Continued
In 2018, a survey by Queen Mary University of London and White & Case found that 64 percent of arbitration professional respondents had never used a virtual hearing room.1 By 2021, the numbers flipped—72 percent of respondents reported using a virtual hearing room “sometimes,” “frequently,” or “always.”2 This change will surprise few in practice over the last several years. … Continued
I. Introduction On November 30, 2022, ChatGPT, OpenAI’s text-generating artificial intelligence (AI) chatbot, was launched to the public. Since then, other institutions have released their own AI tools. More than 92% of Fortune 500 companies reportedly use these daily.1 This new development of AI, called Generative AI, has impacted all sectors, including the legal profession.2 The … Continued
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