Articles

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Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Construction Lawyer (2014)

Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict...

 

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Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play (with Zachary P. Ulrich), YEARBOOK ON ARBITRATION AND MEDIATION (2014)

A wide-ranging new Straus Institute for Dispute Resolution Survey of experienced arbitrators, conducted with the...

 

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Living with ADR: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations (with Ryan Lamare), Harvard Negotiation Law Review (2014)

As attorneys for the world’s most visible clients, corporate counsel played a key role in...

 

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In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program, Journal of Business, Entrepreneurship and the Law (2013)

The Delaware Arbitration Program established a procedure by which businesses can agree to have their...

 

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The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes, Kansas Law Review (2012)

Recent Supreme Court decisions have heightened concerns about the degree of effective judicial oversight of...

 

Books

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Protocols for Expeditious, Cost‐Effective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions (with The College of Commercial Arbitrators) (2010)

Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism...

 

Contributions to Books

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Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings, SOFT LAW IN INTERNATIONAL ARBITRATION (2014)

This commentary examines the growing use of Soft Law - non-binding guidelines that currently play...

 

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Behind the Neutral: The Critical Role of Provider Institutions, AAA Handbook on Commercial Arbitration 2d ed. (2010)

In the last generation the “quiet revolution” in conflict resolution has spawned a vast array...

 

Unpublished Papers

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Living with ADR: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations (2013)

For the second time in fifteen years, leading counsel at many of the world’s largest...

 

Other

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National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report (with Nancy Walsh, Lisa Blomgren Bingham, and Lawrence R. Mills) (2012)

This report is a summary of the discussions at the Consumer Arbitration Roundtable held at...