While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration Act and collective bargaining grew out of the labor movement. But it wasn't until 1976, when Frank Sander delivered his famous remarks at the Pound Conference, that the modern dispute resolution movement was born. By the year 2000, alternative dispute resolution had transformed from a populist rebellion against the judicial system to mainstream legal practice. Today, lawyers and retiring judges look to arbitration and mediation for a career pivot, and law schools train law students in the finer arts of dispute resolution practice as both providers and advocates.
Discussions in Dispute Resolution brings together the modern dispute resolution field's most influential commentaries in its first few decades and reflects on what makes these pieces so important. This book collects 16 foundational writings, four pieces from each of the field's primary subfields--negotiation, mediation, arbitration, and public policy. Each piece has four commenters who answer the question: why is this work a foundational piece in the dispute resolution field? The purpose in asking this simple question is fourfold: to hail the field's foundational generation and their work, to bring a fresh look at these articles, to engage the articles' original authors where possible, and to challenge the articles with the benefit of hindsight. Where possible, the book gives the authors of the original pieces the opportunity either to reflect on the piece itself or to respond to the other commenters.
Art Hinshaw is the John J. Bouma Fellow, the Founding Director of the Lodestar Dispute Resolution Center, and a Clinical Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University. Professor Hinshaw's scholarship focuses on mediation and negotiation theory and practice, and he is a co-author on the 6th edition of the classic textbook Dispute Resolution & Lawyers: A Contemporary Approach and author of numerous articles and book chapters. Currently he is a member of the ABA's Standing Committee on Mediator Ethical Guidance and a regular contributor to Indisputably: the ADR Prof Blog. He is a former member of the Arizona Commission on Judicial Conduct.
Andrea Kupfer Schneider is a Professor of Law, the inaugural director of the Institute for Women's Leadership at Marquette University and the Director of the law school's nationally ranked dispute resolution program. She frequently publishes law review articles and book chapters on negotiation, gender, and international conflict and has co-authored several leading legal textbooks on ADR, Negotiation, Mediation and Plea Bargaining. Andrea is a founding editor of
Indisputably, the blog for ADR law faculty and started the Dispute Resolution Works-in-Progress Annual Conference in 2007. She was named 2009 Woman of the Year by the Wisconsin Law Journal and, in 2016, gave her first TEDx talk entitled Women Don't Negotiate and Other Similar Nonsense. She was named the 2017 recipient of the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work.
Sarah Rudolph Cole is the Michael E. Moritz Chair in Alternative Dispute Resolution, Moritz College of Law, Ohio State University; Professor Cole clerked on the Ninth Circuit for Eugene A. Wright. She practiced labor and employment law and was on the faculty at Creighton University School of Law before joining the Moritz faculty in 1998. She is co-author, with Nancy Rogers, James Coben, Peter Thompson and Craig McEwen of
Mediation: Law, Policy and Practice and Dispute Resolution: Negotiation, Mediation and Other Processes with Nancy Rogers, Stephen Goldberg and Frank Sander. She is the director of the Program on Dispute Resolution at Moritz. In 2013, Ohio State awarded her the Alumni Award for Distinguished Teaching. She serves on arbitration and mediation panels for AAA and the State of Ohio and visited at Harvard Law School in Fall 2019.
