Discussions in Dispute Resolution - The Coming of Age (2000-2009)

The editors curated 16 essential academic articles in the field of Alternative Dispute Resolution from 2000-2009. These articles span the primary subfields of arbitration, negotiation, mediation, interviewing and counselling, and dispute systems design. Each section presents the works in chronological order, accompanied by commentary from four experts who address the question: Why is this a significant work in the dispute resolution field? This approach celebrates important scholarship, offers fresh perspectives, engages with the original authors where possible, and challenges the articles with the benefit of hindsight.

List of contents

• Introduction


• PART 1: INTERVIEWING AND COUNSELING


• Article 1.1: Good Lawyers Should Be Good Psychologists: Insights for Interviewing and Counseling Clients (2008)--Jean R. Sternlight and Jennifer K. Robbennolt


• Comments:


• Erin Archerd--(Ir)rational Thinking and the Law


• Gilat Bachar--More (Than) Just Lawyering


• Lauren Newell--Interviewing and Counseling with Gen Z


• Jean R. Sternlight and Jennifer K. Robbennolt--Maybe We Can Fill That Glass


• PART 2: NEGOTIATION


• Article 2.1: When People are the Means: Negotiating with Respect (2001)--Jonathan R. Cohen


• Comments:


• Jennifer Brown--"Respect" in Negotiation (and Other Persuasive Relationships)


• Noam Ebner--Big-E Ethics and little-e ethics in Negotiation


• Jennifer Reynolds--More Meta, More Problems


• Jonathan R. Cohen-The Ethical Duty to Listen and Consider


• Article 2.2: Aspirations and Settlement (2002)--Russell Korobkin


• Comments:


• Michael Colatrella--The Complexity of High Aspirations


• Noam Ebner--Embracing Messiness in Negotiation Theory


• Rebecca Hollander-Blumoff--Modeling Hope: Economic Aspirations in Negotiation


• Russell Korobkin--Aspirations in Negotiation: Descriptive and Prescriptive


• Article 2.3: Shattering Negotiation Myths: Empirical Evidence on the Effectiveness of Negotiation Style (2002)--Andrea Kupfer Schneider


• Comments:


• Cynthia Alkon--Shattering Negotiation Myths and Building New Foundations


• Alyson Carrel--Shaping the Future of Law Starting by Shattering Negotiation Myths


• Katrina Lee--Enduring Impact: Portrait of the Effective Lawyer Negotiator


• Andrea Kupfer Schneider--Was Getting to Yes Getting it Right?


• Article 2.4: Apologies and Legal Settlement: An Empirical Examination (2003)--Jennifer K. Robbennolt


• Comments:


• Jacqueline N. Font-Guzmán--The Power of Apologies and the Pursuit of Justice...


• Dwight Golann--Do Apologies Matter in Civil Litigation? And If They Do, Why Are They So Rare?


• Oladeji M. Tiamiyu--Robbennolt's Analysis of the Contextual Role and Value of Apologies in Legal Settlement


• Jennifer K. Robbennolt--Developing an Empirical Understanding of Apologies in Law


• PART 3: MEDIATION


• Article 3.1: Making Deals in Court-Connected Mediation: What's Justice Got To Do with It (2001)--Nancy A. Welsh


• Comments:


• Hiro Aragaki--Making It Real


• Deborah Thompson Eisenberg--Mediation and Procedural Justice: Where Are We Now?


• Jacqueline Nolan-Haley--Revisiting Deals and Justice in Court-Connected Mediation


• Nancy A. Welsh--Procedural Justice and Settlement


• Article 3.2: Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research (2002)--Roselle L. Wissler


• Comments:


• Lydia Nussbaum--Empiricism Undaunted


• Peter R. Reilly--Insights from a Dispute Resolution Empiricist: Preparation, Fairness, and Party Empowerment in Mediation


• Rachel A. Viscomi--A Mirror to Help Us Improve: Reflecting on Roselle Wissler's Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research


• Roselle L. Wissler--We Have More to Learn About Mediation from Empirical Research


• Article 3.3: Suing Mediators (2003)--Michael Moffitt


• Comments:


• Rishi Batra--Suing Mediators - A Lack of Liability Hurts Us All


• Sharon Press--Revisiting Suing Mediators


• Omer Shapira--The Significance of Suing Mediators


• Michael Moffitt--Twenty Years After Suing Mediators


• Article 3.4: Disputing Irony: A Systematic Look at Litigation about Mediation (2006)--James R. Coben and Peter N. Thompson


• Comments:


• Ellen E. Deason--Praise (and Gentle Criticism) for Using U.S. Litigation Statistics to Praise (and Gently Criticize) Domestic and International Mediation Policy Choices


• Art Hinshaw--Is Litigation about Mediation Ironic?


• Andrew Mamo--Embracing Irony


• James R. Coben and Peter N. Thompson--Disputing Irony Revisited


• PART 4: ARBITRATION


• Article 4.1: Managerial Litigants? The Overlooked Problem of Party Autonomy in Dispute Resolution (2000)--Sarah Rudolph Cole


• Comments:


• Carli Conklin--Enduring Questions of Authority, Integrity, Consistency, and Predictability in Judicial Review of Arbitral Awards


• Brian Farkas--The Heart of It: Dispute Resolution's Private-Public Tension


• Rafael Gely--A Dispute Systems Design Perspective on Managerial Litigants? The Overlooked Problem of Party Autonomy in Dispute Resolution


• Sarah Rudolph Cole--How Should Courts Review Managerial Litigants' Procedural Rulemaking?


• Article 4.2: As Mandatory Binding Arbitration Meets the Class Action, Will the Class Action Survive? (2000)--Jean R. Sternlight


• Comments:


• Richard Bales--The Lasting Significance of Jean Sternlight's 2000 Article in Contemporary Dispute Resolution


• Alexander J.S. Colvin--When Mandatory Binding Arbitration Met the Class Action: Why We Were Right to Worry


• Maureen A. Weston--Strategic Shifts: The Corporate Playbook on Arbitration, Class Actions, Mass Arbitration, and Privatized Justice


• Jean R. Sternlight--What Happens When King Kong Meets Godzilla?: Using Mandatory Arbitration Clauses to Eliminate Class Actions


• Article 4.3: Saturns for Rickshaws: The Stakes in the Debate Over Predispute Employment Arbitration Agreements (2001)--Samuel Estreicher


• Comments:


• Michael Z. Green--The Brilliance of Explaining Mandatory Arbitration as a Choice Between Saturns and Rickshaws


• E. Gary Spitko--Employment Arbitration Heresies


• W. Mark C. Weidemaier--What Cars Should be Allowed on the Road?


• Samuel Estreicher--Employment Arbitration: Towards a Hearing on the Merits for Most Americans


• Article 4.4: In Defense of Southland: Reexamining the Legislative History of the Federal Arbitration Act (2002)--Christopher R. Drahozal


• Comments:


• Jill I. Gross--The Danger of Binary Thinking: Drahozal on Southland


• Imre Stephen Szalai--The Real Southland Decision: Drahozal's Trailblazing Article


• Stephen J. Ware--Drahozal's Defense of Southland


• Christopher R. Drahozal--In Defense of Southland: Arbitration Law, Federalism, and Legal Scholarship


• PART 5: SYSTEMIC ISSUES


• Article 5.1: Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering (2003)--John Lande


• Comments:


• Debra Berman--Collaborative Law: Questioning a Novel Process


• Kristen M. Blankley--Ethical Alarm Bells Surrounding Collaborative Law Lead to Solid Foundation for Practice


• Kelly Browe Olson--Collaborative Law and IPV Concerns


• John Lande--Possibilities for Early Dispute Resolution


• Article 5.2: The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts (2004)--Mark Galanter


• Comments:


• Lisa Blomgren Amsler--Galanter's Systemic Analysis of How Repeat Players Reduced Trials


• Yael Efron--The Effects of Marc Galanter's Worldwide Legacy on Legal Practice, Scholarship, Education, and Society


• Sheila Heen--Marc Galanter: Everything, Everywhere, All at Once


• John Lande--The Phenomenon Known as The Vanishing Trial


• Article 5.3: An Analytic Framework for Dispute Systems Design (2009)--Stephanie Smith and Janet Martinez


• Comments:


• Grande Lum--Don't Just Love the Playa, Love the Game: Appreciating An Analytic Framework for Dispute Systems Design


• Carrie Menkel-Meadow--A Systematic Approach to Dispute Systems Design: Commentary on An Analytic Framework for Dispute Systems Design


• Guillermo Garcia Sanchez--Global Impact and Legacy: Smith and Martinez' Framework for International Dispute System Design


• Stephanie Smith and Janet Martinez--Dispute System Design: Where We've Come From and Where We're Heading


• Conclusion

About the author

Art Hinshaw is the Associate Dean for Experiential Learning, the John J. Bouma Fellow in Alternative Dispute Resolution, and a Clinical Professor of Law at the Sandra Day O'Connor College of Law, Arizona State University. Dean Hinshaw is the founding director of the Lodestar Dispute Resolution Center, and his work has resulted in four books, 25 articles and book chapters, and four prestigious awards from the International Institute for Conflict Prevention and Resolution. Currently, he is a co-chair of the editorial board for the ABA's Dispute Resolution Magazine and a regular contributor to Indisputably, the ADR law professor blog.

Andrea Kupfer Schneider is a professor of law and director of the Kukin Program for Conflict Resolution at Cardozo School of Law. Professor Schneider has published numerous textbooks, book chapters, and articles on negotiation, plea bargaining, negotiation pedagogy, ethics, gender, and international conflict. In 2024, Professor Schneider received the Rubin

Theory to Practice Award given by the International Association of Conflict Management (IACM) and the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work in 2017. She is a founding editor of Indisputably, the blog for ADR law faculty, and started the Dispute Resolution Works-in-Progress annual conferences in 2007. In 2016, she gave her first TEDx talk titled "Women Don't Negotiate and Other Similar Nonsense."

Sarah Rudolph Cole is the Michael E. Moritz Chair in Alternative Dispute Resolution at the Moritz College of Law, Ohio State University. Professor Cole has authored numerous books and articles on dispute resolution. In 2013, she received the Ohio State Alumni Award for Distinguished Teaching, and in 2024, she won the University of Puget Sound's Distinguished Alumni Award for Lifetime Professional Achievement. In 2022, Professor Cole won CPR's Outstanding Professional Article Award and, along with her co-authors on the first volume of this book, won the CPR Outstanding

Book Award. In 2023, she received the ABA Section on Dispute Resolution's Outstanding Scholarly Work Award.

Product details

• Assisted by: Sarah Rudolph Cole (Editor), Art Hinshaw (Editor), Andrea Kupfer Schneider (Editor), Schneider Andrea Kupfer (Editor)
• Publisher: Oxford Academic
• Languages: English
• Product format: Hardback
• Release: 17.09.2025
• EAN: 9780197784518
• ISBN: 978-0-19-778451-8
• Subjects: Social sciences, law, business > Law > International law, foreign law; BUSINESS & ECONOMICS / Negotiating, LAW / Civil Procedure, LAW / Arbitration, Negotiation, Mediation, LAW / Alternative Dispute Resolution, International Arbitration, Legal History, International law: arbitration