Remarks adapted from presentation: "Disrupting Law, Reclaiming Justice," a Conversation on Gillian Hadfield's "Rules for a Flat World" on October 8, 2018 at Creighton University. Despite the advancement in the ADR movement, there is much work to be done for justice to be accessible to "All." The legal profession…

A negotiation course in law schools offers an opportunity to examine negotiation institutions, giving law students a chance not only to participate in the bargaining arenas but also to help design and reform them. Such a course would examine the large world of litigation rather than the small realm of adjudication. (MSE)

Like other types of dispute resolution, mediation brings the parties in conflict together to solve their problems. It provides a fresh perspective by introducing a third party who is entirely neutral and is skilled in helping parties solve their problems. With the increasing dissatisfaction with the formal justice system, mediation has been…

The study of dispute settlement is an emerging field with complex intellectual roots. It may provide a means of strengthening the law school curriculum with the human aspects of legal education and vital skills such as interviewing, counseling, negotiation, and mediation. (MSE)

A study of state Part H coordinators investigated conflict management in early-intervention systems. Results found that 41 state agencies have already established a formal statewide mediation option for resolution of disputes related to Part H between families of infants and young children and early-intervention agencies and programs. (CR)

Because in academic controversy both judicial expertise and legal precedent are virtually nonexistent, an Academic Dispute-Settlement Commission is proposed. (IR)

Mediation, in which a neutral third party helps two people come up with their own solutions, is being used to settle faculty and staff grievances. Experiences at the University of Massachusetts at Amherst, Duke University, Emory University, and the University of Cincinnati are described. (MLW)

An examination of how employers and employees may be encouraged to adapt to changing economic conditions through innovation and cooperation rather than conflict indicates that the system of dispute resolution in the United States contains substantial disincentives to resolving disputes through negotiation and substantial incentives to resolving…

Researchers who have attempted to study the functioning of the jury in the United States have been hampered by the absolute confidentiality of jury deliberations. Research methodologies have tried to circumvent this difficulty by using simulated juries, and have focused largely on the influence of the social status of jurors during deliberations.…

The House Judiciary Committee debates over the Articles of Impeachment during the Watergate hearings provided the unique opportunity for citizens to observe the process of congressional decision making. Emphasizing diversity, compromise, and reasoned argument, members defined their role as a combination of judge, juror, and average common-sense…

Mediation can be an efficient and appropriate process for resolving civil rights complaints. A survey of 36 human relations and civil rights offices in 10 states confirms that mediation is too seldom used, although there is interest in mediation practices. Problem areas in mediation are discussed. (SLD)

Describes the use of a problem-solving negotiation model to resolve disputes under Part H of the Individuals with Disabilities Education Act and the need for formal education and training in problem-solving negotiation in early-intervention systems for children with disabilities. (Author/CR)

This article provides guidelines to help school personnel establish and maintain productive relationships within the legal framework governing special education. Special attention is given to conflict resolution, especially in cases of disagreement on students' individualized education plans. The role of parents in these team efforts and relevant…

This training manual provides materials for conducting a workshop on problem solving and creating good agreements in special education. The first section of the manual provides a brief introduction to the world of special education and discusses why special education law is complex. Section 2 explores why conflict is created, seven types of…

This study examines the relative effects of information on problem solving. An introductory section discusses theoretical approaches to problem solving. The major portion of the paper describes the author's research. In her study, subjects were asked to read a court transcript from a criminal case, to give their verdict in the case, and to…