Harvard Negotiation Law Review

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Symposium 2012

The Harvard Negotiation Law Review

presented a 2012 Symposium:

Does ADR Work?

Evaluating the Effectiveness

of Alternative Dispute Resolution

 

Saturday, February 25th

Keynote Address by Carrie Menkel-Meadow

A.B. Chettle, Jr. Professor of Dispute Resolution and Civil Procedure, Georgetown University Law Center, and Chancellor’s Professor of Law, University of California, Irvine School of Law

Keynote Video (link)

 

Panel 1
Co-optation of ADR: Has It Become “Cheap Justice”?

Is ADR a form of “cheap justice”? This panel looked into the complicated balancing act between fairness, public accountability, and cost, and whether the parties’ interests are appropriate addressed.

Cathy Costantino, Georgetown University Law Center and George Washington University Law School.

Howard Gadlin, National Institutes of Health

Lawrence Susskind, Massachusetts Institute of Technology

Rory Van Loo, Harvard Law School

Nancy Welsh, Pennsylvania State University, Dickinson School of Law

Panel 1 Video (link)

Panel 2
ADR in the Criminal Justice System

ADR features prominently in the criminal justice system in the form of negotiation (plea bargaining) and increasingly through the use of practices and institutions such as restorative circles, victim-offender mediation and problem solving courts.  This panel examined the appropriateness of these methods of ADR, how well they are working, and how they can be optimized to serve society’s interest.

Julian Adler, Red Hook Community Justice Center

Eric Blumenson, Suffolk University Law School

David Breen, Boston University School of Law

Christopher Dearborn, Suffolk University Law School

Michael Sullivan, Ashcroft Group and Former U.S. Attorney for the District of Massachusetts

Panel 2 Video (link)

Panel 3
Quantitative and Qualitative Methods of Evaluating ADR

In order to determine whether ADR “works,” there must be a way to measure its effectiveness. But can the effectiveness of ADR be evaluated? And are quantitative or qualitative measures the appropriate method of evaluation?

Robert Bordone, Harvard Law School

Dwight Golann, Suffolk University Law School

D. James Greiner, Harvard Law School

Janet Martinez, Stanford Law School

Carrie Menkel-Meadow, Georgetown University Law Center,

University of California, Irvine School of Law

Panel 3 Video (link)

Sponsored by the Milbank, Tweed, Hadley & McCloy Fund, the Program of Negotiation at Harvard Law School, and the Harvard Negotiation and Mediation Clinical Program

About HNLR

Negotiation, not adjudication, resolves most legal conflicts. However, despite the fact that dispute resolution is central to the practice of law and has become a “hot” topic in legal circles, a gap in the literature persists. “Legal negotiation” — negotiation with lawyers in the middle and legal institutions in the background — has escaped systematic analysis.

The Harvard Negotiation Law Review works to close this gap by providing a forum in which scholars from many disciplines can discuss negotiation as it relates to law and legal institutions. It is aimed specifically at lawyers and legal scholars.

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