A Panel Discussion and Book Launch Celebration honoring Dispute Systems Design: Preventing, Managing, and Resolving Conflict (2020) was hosted by the National Center for Technology and Dispute Resolution on July 29, 2020 featuring co-authors Lisa Blomgen Amsler, (Indiana University), Janet K. Martinez, (Stanford University), and Stephanie E. Smith, (Stanford University) and panelists Carrie Menkel-Meadow, (UC Irvine & Georgetown University), Larry Susskind, (Massachusetts Institute of Technology), Ayelet Sela, (Bar Ilan University) and Colin Rule, (Mediate.com). Hosts included Leah Wing, Co-director, (National Center for Technology and Dispute Resolution (NCTDR) and U. of MA Amherst), Orna Rabinovich, (NCTDR Fellow and U. of Haifa), and Ethan Katsh (Director, NCTDR). You can watch the engagement with these leading ADR and ODR thought leaders here:
“Most civil and commercial private mediators and ADR providers offer their clients a binary choice between a half day mediation and a full day mediation as a standard offering, often on a flat rate with one or two hours of prep time, a preliminary call with counsel and open ended follow up as part of the flat fee. Most such mediations are convened and organized to have all the parties and counsel arrive at the same time. Since the onset of the pandemic and the various shut down orders, the use of online dispute resolution has increased exponentially, usually conducted through videoconferencing using Zoom and similar platforms.
This broad use of videoconferencing around the world has lead to a phenomenon referred to as Zoom fatigue (see https://ideas.ted.com/zoom-fatigue-is-real-heres-why-video-calls-are-so-draining/). Psychologists attribute this fatigue to the higher levels of concentration caused by staring at a computer screen for long periods, often looking at multiple images of participants on the screen, leading to eye strain and sensory overload. All of this is exacerbated in mediation, given the emotions caused by conflict and the high levels of interactivity between the mediator and the parties as they move through trust building into often difficult conversations to bridge the gaps between parties. Given the medium, mediators must also be thinking about eye contact and reading facial expressions, which is second nature in a face to face conversation but which takes effort in a videoconference. Exhausted mediators and parties cannot do their best work. Good, durable settlements and settlement agreements require careful attention…”
‘The Michigan Supreme Court Office of Dispute Resolution recently announced the availability of its completely free MI-Resolve online dispute resolution tool in Chippewa, Luce and Mackinac counties.
MI-Resolve provides an efficient and accessible way of resolving disputes that are typically filed as small claims, general civil or landlord-tenant cases in the district court. Michigan is the first state to have an online dispute resolution system for every citizen in the state.
“Keeping the virtual doors of justice open to everyone in Michigan has never been more important,” said Chief Justice Bridget M. McCormack. “Confronting the COVID-19 crisis makes closing the justice gap all the more urgent. Opening up online dispute resolution to Chippewa, Luce, and Mackinac county residents represents a huge step toward achieving that goal.”’