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

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

Author: Art Hinshaw; Andrea Kupfer Schneider; Sarah Rudolph Cole
Publisher: Oxford University Press
ISBN: 9780197784518

Published In: November 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The U.S. judicial system is not merely a system of trials but a system of alternative means to resolution. Highlighting dispute resolution scholarship emphasizes the diverse ways of thinking available for resolving conflicts beyond traditional trials. In their first volume, Discussions in Dispute Resolution: The Foundational Articles (OUP 2021), the authors celebrated the field's foundational writings and reflected on what makes those pieces so significant. In this second volume, Discussions in Dispute Resolution: The Coming of Age (2000-2009), they focus on the 16 most significant and influential articles on U.S. dispute resolution during its golden age of extraordinary growth. These articles shaped legal thinking about how the judicial system outsources the resolution of civil claims.

The heart of the book consists of short excerpts from these significant pieces, distilling them to their core ideas: the concepts, phrases, or findings that made them noteworthy. Four leading dispute resolution scholars (sometimes including the original author) then engage with different aspects of the articles' ideas, recognizing their prescience and critiquing them where appropriate to answer the question: Why is this a significant work in the field?

By highlighting these influential works, the authors bring a fresh perspective, challenge them with the benefit of hindsight, engage with themes discussed in the first volume (such as disputant autonomy, access to justice, equal justice, changing views of legal and legalistic processes, and systemic impacts on processes and disputants), and compare the challenges of this era to those of the founding era.

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 & 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

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