ADR’s PLACE IN NAVIGATING A POLARIZED ERA

SYMPOSIUM & Works-in-Progress “SCHMOOZE”
Texas A&M University School of Law
Fort Worth, Texas

Update

Due to concerns regarding the coronavirus pandemic, the March 20, 2020 symposium was not held in person.  However, the symposium authors’ articles are published in the Texas A&M Law Review and the Ohio State Journal of Dispute Resolution. Video conversations with the authors are available below. Each video conversation focuses on the author’s article or presentation for the symposium.
► Go to articles & videos

Symposium background

This symposium’s focus is inspired by the soul-searching going on generally, and within dispute resolution field. There has been substantial debate regarding the appropriateness (and, perhaps more importantly, the inappropriateness) of “ADR thinking and skills” during our current polarized times. ADR proponents tend to promote dialogue and mutual consideration—asking open-ended questions, using reflective listening, trying to be relatively open-minded (and even neutral), identifying underlying interests, using those interests to develop mutually-beneficial solutions, etc. But when are these approaches relevant? Are there times when the use of “ADR skills” is enabling--or even immoral?

During this symposium, we consider when “ADR thinking and skills” are and are not appropriate (or sufficient) in dealing with current, divisive issues—and whether and how we can teach our students to be discerning in making appropriate use of these approaches and skills, both in their future representation of clients and in their future roles as leaders within their local, professional, religious, and political communities.

Published articles:

Jennifer Reynolds’ article, published in the Texas A&M Law Review, is available here.  All of the other symposium authors’ articles are available in a symposium issue of the Ohio State Journal of Dispute Resolution, available here.

Video conversations with symposium authors and presenters:

• Jennifer Reynolds – Associate Professor, Associate Dean of Faculty Research and Programs, and Faculty Director, ADR Center, University of Oregon School of Law – “Talking About Abortion (Listening Optional)” - Professors Nancy Welsh and Cynthia Alkon in conversation with Professor Reynolds (https://youtu.be/hDwjEBFcxnM)    


• Jill DeTemple – Chair of Religious Studies, Professor of Religious Studies, and, by courtesy, Associate Professor of Anthropology, Southern Methodist University – “The Spaces We Make: Dialogic Classrooms and Social Transformation” - Professors Nancy Welsh and Peter Reilly in conversation with Professor DeTemple (https://youtu.be/oBVzqVR1Qso)


• Deborah Eisenberg – Piper & Marbury Professor of Law, Director of Center for Dispute Resolution, University of Maryland Francis King Carey School of Law – “Beyond Settlement: Reconceptualizing ADR as ‘Conflict Process Strategy’” - Professors Nancy Welsh and Peter Reilly in conversation with Professor Eisenberg (https://youtu.be/5npBds7AUJs)


• Howard Gadlin – Ombudsman and Director, Center for Cooperative Resolution, National Institutes of Health (Retired) – “The Center Cannot Hold: Challenges to Ombuds in Federal Agencies During Times of Political Turmoil” (unpublished manuscript) – Professors Nancy Welsh and Carol Pauli in conversation with Howard Gadlin (https://youtu.be/XRWbtG4JCVk)


• Joint conversation – Professor Nancy Welsh with Professors Sharon Press, Nancy Rogers, Josh Stulberg and Bill Froehlich (https://youtu.be/BOpIsPBsqPE)
  
  • “Using Dispute Resolution Skills to Heal a Community” - Sharon Press, Professor of Law and Director, Dispute Resolution Institute, Mitchell Hamline School of Law
  • “Sharing Dispute Resolution Practices with Leaders of a Divided Community or Campus: Strategies for Two Crucial Conversations” - Nancy Rogers, Professor Emeritus; Josh Stulberg, Emeritus Moritz Chair in Alternative Dispute Resolution and Interim Co-Director, Divided Community Project; and William Froehlich, Langdon Fellow in Dispute Resolution and Deputy Director, Divided Community Project, The Ohio State University Moritz College of Law


• Noam Ebner - Professor of Negotiation and Conflict Resolution, Creighton University – “Teaching the World: Educational Pivots for the Second Half of the ADR Century” – Professors Nancy Welsh and Cynthia Alkon in conversation with Noam Ebner (https://youtu.be/8pv0A76DdHU)


• Jonathan Cohen – Professor of Law and University Term Professor, University of Florida, Levin College of Law - “Negative Identity and Conflict” – Professors Nancy Welsh and Carol Pauli in conversation with Jonathan Cohen (https://youtu.be/ws82Zc0otSc)


• Robert A Baruch Bush, Rains Distinguished Professor of Law, Maurice A. Deane School of Law at Hofstra University, and Peter F. Miller, Adjunct Professor of Mediation at the Maurice A. Deane School of Law at Hofstra University – “Hiding in Plain Sight: Mediation, Client-Centered Practice, and the Value of Human Agency” – in conversation with Professors Nancy Welsh and Peter Reilly (https://youtu.be/nKLrjCMWjTw)

Presented by the Aggie Dispute Resolution Program and co-sponsored by Texas A&M University School of Law’s Global Law and Policy Program, Professionalism and Leadership Program, and Residency Externship Program in Public Policy.