Changing Perspectives on the Facility Siting Process

Building regionally necessary but locally noxious facilities such as power plants, landfills, waste incinerators and prisons has become increasingly difficult. David Laws and Lawrence Susskind discuss some of the traditional steps involved, including needs assessment, choice of technology, site selection, assessing and mitigating impacts, and management. They provide an alternative approach to facility siting that includes, among other things, seeking consensus, working to develop trust, setting realistic timetables, getting agreement that the status quo is unacceptable, choosing a design that best addresses the problem, and fully compensating for negative aspects of the facility

The Lawyer As Consensus Builder: Ethics For a New Practice

In this Article, I explore the roles of lawyers in alternative dispute resolution ( ADR ), including traditional roles in arbitration and new roles in mediation and facilitation. I also discuss how conventional ethics rules for lawyers fail to provide guidance and best practices for lawyers who serve in these new roles. State legislatures and professional associations, such as the American Arbitration Association ( AAA ), the Center for Public Resources Institute for Dispute Resolution ( CPR ), and the Association of Conflict Resolution, have adopted ethical codes for mediators and arbitrators. Select professional associations are also developing best practice guides for the provision of ADR services; however, the lack of clarity in the Model Rules is a serious problem. The failure of the Model Rules to recognize the role of lawyers in peacemaking, dispute prevention or resolution, and legal problem solving marks an absence in what is publicly recognized as among the most important roles a lawyer performs - that of a constructive lawyer. Furthermore, the Model Rules misrepresent the legal profession by assuming that representing clients in adversarial matters is the only role lawyers fulfill. Such an assumption fails to give adequate guidance to a lawyer who fulfills a broader, and perhaps, more significant role than that of a hired gun

Scaling Up Deliberative Democracy as Dispute Resolution in Healthcare Reform: A Work in Progress

Simultaneous Localisation and Mapping (SLAM) denotes the problem of jointly localizing a moving platform and mapping the environment. This work studies the SLAM problem using a combination of inertial sensors, measuring the platform's accelerations and angular velocities, and a monocular camera observing the environment. We formulate the SLAM problem on a nonlinear least squares (NLS) batch form, whose solution provides a smoothed estimate of the motion and map. The NLS problem is highly nonconvex in practice, so a good initial estimate is required. We propose a multi-stage iterative procedure, that utilises the fact that the SLAM problem is linear if the platform's rotations are known. The map is initialised with camera feature detections only, by utilising feature tracking and clustering of  feature tracks. In this way, loop closures are automatically detected. The initialization method and subsequent NLS refinement is demonstrated on both simulated and real data

Peace and Justice: Notes on the Evolution and Purposes of Legal Processes

This text of the inaugural lecture for the A.B. Chettle, Jr. Chair in Dispute Resolution and Civil Procedure at Georgetown University Law Center presents an intellectual outline (theory and practice) for a house of justice built on the foundations of Lon Fuller, the Legal Process school, Jurgen Habermas\u27 and Stuart Hampshire\u27s social philosophy about democratic processes, the floors of comparative processes, drawing on the work of political theorist Jon Elster and empirical work on legal and political processes and the ceilings of new processes, like consensus building fora, truth and reconciliation commissions and other combinations of legal and political processes. A model of different modes of human conflict resolution is outlined with differentiations of different forms of process (open/closed; plenary/committees; expert/naturalistic; constitutive/permanent/ad hoc). The article suggests a broadened view of what should be taught as legal process - beyond conventional civil procedure to many more forms of human legal and political processes. If process is the human bridge between justice and peace then we much teach about both kinds of processes - those seeking justice and those seeking peace; hopefully they can both be accomplished

Introduction & Coda, Multi-Party Dispute Resolution, Democracy and Decision Making: Vol. II of Complex Dispute Resolution

The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and private processes, as well as more formal and public processes. The essays question whether the development of universal theoretical insights about conflict resolution is possible with variable numbers of parties and issues and in multi-cultural and multi-jural settings. Each volume also presents a coda, summarizing key issues in the field and suggesting further avenues for research. The second volume (and the introductory essay here) applies the theoretical foundations and practices of primary processes in dispute resolution–negotiation, mediation, arbitration and some hybrid processes in both public and private, informal and formal settings to more complex multi-party and multi issue settings, and asks whether foundational theories must be altered when there are more parties and issues. What difference do larger numbers make in theory and practice of dispute resolution and decision making? Other theoretical and empirical observations of the role of third party neutrals and facilitators in multi-party settings are explored, and applied disciplines such as game theory and decision sciences are applied to complex dispute resolution settings. Illustrations of uses of these processes in different substantive areas, e.g. legal disputes, public policy decision making, politics and governance, environmental matters, institutional relations, and high conflict settings are provided. The volume collects classic articles in multi-party, multi-issue theory and practice while interrogating the issues of how the numbers of parties and issues, different contexts and cultures challenges our efforts to create generalizable theory and practice of human conflict resolution. The review essay also discusses recent efforts to seek correspondences and learning from application of conflict resolution theory and practice to the work on deliberative democracy and political decision making. The coda suggests avenues for future research. Some attention is paid to issues of ethics and political theory, as well as evaluation of efficacy, in the use of third party facilitators in public policy and governance disputes

Deliberative Democracy and Dispute Resolution

Published in cooperation with the American Bar Association Section of Dispute Resolutio

And Now A Word About Secular Humanism, Spirituality, and the Practice of Justice and Conflict Resolution

The papers presented in this Dialogue raise very important and moving questions about the relationship of spirituality, moral values, and religion to the practice of law generally, and the practice of conflict resolution specifically. In this Commentary, I want to focus on two related questions: First, where do our moral values, spirituality, and sense of communion or connection come from? And second, how do values derived from various sources of secular humanism inform our practices? For some of us, organized religion is not the primary source of our commitment to the moral values that inform our legal and conflict resolution practices, but other values or values surprisingly similar to religious values do inform our work. This Commentary addresses some of those alternative sources of spiritual values, as used by the participants in this Dialogue