Dispute Resolution Magazine
COVER STORY for Winter 2012 Issue
Public Civil Discourse: A New Domain for Dispute ResolutionBy Richard C. Reuben In the two decades since the ABA conferred Section status upon the Standing Committee on Dispute Resolution, the ADR community has been about resolving disputes, as our christened name proudly proclaims.
From the ChairBy Deborah Masucci This issue of the Dispute Resolution Magazine continues the theme of civility in public discourse, which is the theme for the Section of Dispute Resolution in this bar year. Who better than the Dispute Resolution Section and the dispute resolvers who are members of the Section to promote this principle?
Lawyers & Civil Public Discourse: A Process MapBy Lisa Blomgren Bingham Beyond advice and counsel, we use negotiation both to help them form contracts and to resolve disputes. In addition to litigation, we represent clients in mediation and arbitration.
Navigating the Range of Public Engagement ApproachesBy Sandy Heierbacher Dozens of effective public engagement techniques have been developed over the last decade or two that enable citizens to have authentic, civil, productive public discussions across partisan divides—even on highly contentious issues.
Public Policy MediationBy Howard S. Bellman and Susan L. Podziba Ironically, there is no consensus on the definition of public policy mediation among those in the field. Nonetheless, it has been successfully applied to a great variety of policy challenges and belongs in the array of processes that promise to enhance public discourse.
This We Can DoBy Mary Jacksteit The ABA has urged its members “to set a high standard for civil discourse as an example for others,” in a response to the current state of our nation’s public life.
Fostering Civility in Public DiscourseBy Stephen N. Zack Civility is more important today than ever before for our profession to show the way to our nation and how we can lead a return to civility.
How to Combat Incivility: A Policy Agenda for Civic RenewalBy Peter Levine Civil society is in grave condition, measured not by the proportion of talk that is “civil,” for which no statistics exist, but by the sheer rate of participation in voluntary organizations that involve talk.
Mediator’s Proposals: Let Me Count the WaysBy Margaret Shaw In the course of discussing this subject with colleagues, it has been fascinating to discover the myriad ways in which mediators actually “do” mediator’s proposals. This article explores some of these ways.
What to Do When a Party Refuses to Pay Its Share of Arbitration CostsBy Mitchell L. Marinello and Alison T. Schwartz Sometimes, one of the parties is unable or unwilling to pay its share of the arbitration fees and expenses. This article explores the options available to an arbitrator in those circumstances.