John Lande, Isidor Loeb Professor Emeritus and Senior Fellow of the Center for the Study of Dispute Resolution at the University of Missouri School of Law, has published “How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?,” University of Missouri School of Law Legal Studies Research Paper No. 2023-11.  In his scholarly work, Professor Lande provides interesting and helpful mediation tips for “parties, practitioners, and mediation program administrators.” Here is the abstract: If everyone is well prepared before a mediation session, the process is likely ..read more

The National Center for State Courts (“NCSC”) has prepared and published a “Remote Proceeding Toolkit.”  This useful document addresses the basics of remote proceedings, policies, and technology considerations.  It also offers tips for remote proceedings, an evaluation plan worksheet, and points out areas of caution to consider. According to the NCSC, the “toolkit is meant to provide courts with considerations and guidance for adopting policies for remote and hybrid proceedings, as well as a menu of options for achieving success with remote and hybrid proceedings that are mindful of ..read more

Professor Jean R. Sternlight, Michael and Sonja Saltman Professor of Law and Director of the Saltman Center for Conflict Resolution at the University of Nevada, Las Vegas, William S. Boyd School of Law and Jennifer K. Robbennolt, Associate Dean for Research, Alice Curtis Campbell Professor of Law, Professor of Psychology, and Co-Director of the Illinois Program on Law, Behavior, and Social Science at the University of Illinois College of Law have published “In-Person or Via Technology?: Drawing on Psychology to Choose and Design Dispute Resolution Processes,” DePaul Law Review, Vol. 71, Page ..read more

Dear friends, It is my great pleasure to introduce Tracy Walters McCormack, former Director of Advocacy at The University of Texas School of Law, who will be joining our team as an experienced mediator, arbitrator, and consultant. Tracy is available immediately for mediations and arbitrations, both in-person and remote, as well as the services below. Court-Appointed Neutral Small and Large Group Teaching and Training Program Design and Implementation Prior to joining our team, Tracy served as the Director of Advocacy at The University of Texas School of Law and as a full-time lecturer s ..read more

A team from remoteadvocacy.com had the pleasure of presenting “Remote Advocacy: New Lawyering Skills Through the Eyes of a Neutral” at the Center for American and International Law, Institute for Law and Technology, 58th Annual Conference on Intellectual Property Law.  The virtual conference topics may be found on the event website. In their presentation, Karl Bayer, University of Texas School of Law Professor Tracy McCormack, and the Exhibit Company’s Sherrie Wirth discussed: Mediations, arbitrations, motion hearings, claim construction hearings, trials, and appeals – they all have bee ..read more

On Friday, November 5, 2021, Fernando Navarro and Disputing blog’s own Karl Bayer will be moderating the International Academy of Mediators‘ (IAM) “Mediation 2021: Where Do We Go from Here? – The Americas” symposium.  The program for this virtual symposium states: We are navigating unchartered waters in virtually every aspect of our lives.  Whether by choice or triggered by external factors, the ways we deal with each other (and perhaps view ourselves) have changed. So too has mediation which has become a more globalized profession involving new legal and factual challenges unhear ..read more

Kristen Blankley, Professor of Law at the University of Nebraska College of Law, Ashley M. Votruba, Assistant Professor at the University of Nebraska-Lincoln, Logen Bartz, Graduate Student at the University of Nebraska-Lincoln, and Lisa PytlikZillig, Research Associate Professor at the University of Nebraska Public Policy Center, have published “ADR is Not a Household Term: Considering the Ethical and Practical Consequences of the Public’s Lack of Understanding of Mediation and Arbitration,” Nebraska Law Review, Vol. 99, No. 797, 2021.  In their law review article, the authors exami ..read more

The National Academy of Distinguished Neutrals (“NADN”) recently conducted a survey of litigators titled “The Customer Is Always Right(?)”.  The September 2020 survey asked litigators across the United States about their online dispute resolution (“ODR”) experiences and preferences.  Of the 500 litigators who responded, only two percent of respondents participated in a remote mediation or arbitration via videoconferencing software such as Zoom prior to March 2020.  By September 2020, however, nearly 95 percent of survey respondents were primarily participating in such meetings ..read more

Online Dispute Resolution For parties located around the world It’s no secret the last several years have accelerated trends in technology that have transformed the way business is done around the world. In line with this rising demand for more flexible working arrangements and reduced corporate travel, Karl Bayer is now providing experienced, end-to-end online dispute resolution services (ODR) that will allow parties to participate in every stage of the resolution process using secure virtual meeting rooms and private breakout rooms ..read more

Mark LeHochey has written a wonderful publication titled, “Road to Somewhere.”  We invite you to check out the piece addressing, “How can attorneys take steps to improve settlement efforts and avoid unpleasant surprises as they map out a dispute resolution? One litigator-turned-general counsel-turned mediator (with some help from a distinguished rock star) points the way forward.” The article provides readers with some great mediation advice including: Conduct a premortem; Talk early and often about the merits; Don’t immediately default to mediation; and Share your mediation briefs, and ..read more