Art Hinshaw’s research and teaching interests lie in the field of alternative dispute resolution (ADR), primarily mediation and negotiation. His research bridges ADR theory and practice, and his teaching responsibilities include the Lodestar Mediation Clinic and Negotiation among other ADR courses.
Professor Hinshaw is active in the ADR community having served on several academic and professional committees at the state and national levels. Currently, he serves as a member of the ABA's Standing Committee on Mediator Ethical Guidance. Additionally, he is a Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law and is a contributor to Indisputably, the ADR Prof Blog.
Professor Hinshaw joined the College of Law faculty after teaching at the University of Missouri School of Law and at the Washington University School of Law in St. Louis. Before his academic career, he practiced law in Kansas City, Missouri.
Contact Art Hinshaw
Asking Tough Questions About Mandatory Arbitration and Article III
Our good friend Jean Sternlight (UNLV) sends along her opinions on Sharif, one of last week’s Supreme Court cases and how it impacts the Federal Arbitration Act.
Mediator Horror Stories
I’m in the process of finishing up an article inspired by a horrific local mediator who, as a result of his “mediation” actions, now resides in the state penitentiary.
ADR as a First Career
There has been a lot of discussion on DR list serves about the next generation of ADR professionals, practitioners and academics. For recent graduates interested in pursuing a career in ADR, the advice they often receive is to first practice law or gain experience in another field before transitioning to ADR as a 2nd (or even 3rd) career. I assume this advice stems from the personal experience of those giving it – as this was the career path of ADR’s founding generation. But is this necessarily the narrative for our next generation?
Sternlight – New Executive Order Blocks Mandatory Employment Arbitration
FOI Jean Sternlight (UNLV) provides us with this guest post on the President’s recent actions on employment arbitration.
Wilcox v. Apraio – the 9th Circuit Sidesteps Mediation Confidentiality Questions
Wilcox, a member of the Board of Supervisors, along with virtually everyone who was indicted, sued the County under 42 USC §1983 and several other state claims (malicious prosecution, infliction of emotional distress, etc.). Recognizing the potential for conflict of interest charges in these cases, the Board of Supervisors adopted a resolution giving the County Manager the authority to “enter into binding arbitration/mediation agreements” and to “enter into contracts as needed” to settle the various lawsuits.
Senator Jon Kyl’s 10 Negotiation Lessons
Recently I had the pleasure of having former US Senator Jon Kyl as a guest speaker in my Negotiation course. Time magazine recognized Kyl as one of the world’s most influential people in 2010 (along with Lady Gaga, as he is quick to point out) and as one of the 10 best senators in 2006. Naturally the best thing about having guest speakers is their built in credibility, and that credibility is amplified when it’s someone like Kyl who has been in the mix at such a high level.
Sternlight – Public Justice on Companies’ Use of ‘Bait and Switch’ in Arbitration
Semi-regular guest blogger Jean Sternlight (UNLV) brings us news from Public Justice’s take on the “bait and switch” going on in consumer arbitration.
Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims?
FOI and semi-regular guest blogger Jean Sternlight (UNLV) shares with us her latest thoughts about mandatory arbitration. There is speculation that mandatory arbitration disserves consumers, but this next year offers options to increase protect fair policies.
Mandela – A Titan Remembered
With the death of Nelson Mandela, without doubt the most significant political leader in my lifetime, lots has been written about his impact not only on South Africa but also on the world. And plenty is still to be written.
Attorneys and Negotiation Ethics: A Material Misunderstanding?
Our research suggests that a true norm of ethical negotiation behavior exists within the legal profession. This conclusion is tempered, however, with the knowledge that a large minority of our research respondents — at times approaching one-third of them — engaged in unethical and even fraudulent behavior.
The NFL Concussion Settlement
I haven’t had the time to review the terms of the NFL’s concussion settlement with former players, but I’ve heard a lot of news coverage of it. On the Valley’s two morning drive-time sports talk shows (one local, one national) there was a lot of talk about the settlement and judging of winners and losers.
The Supreme Court and the Future of Arbitration
At the 2012 AALS meetings Ron Aronovsky (Southwestern) organized the ADR Section’s program entitled The Supreme Court and the Future of Arbitration. Here’s a short blurb describing the program.
Judge to Apple and Samsung: “It’s Time for Peace.”
If you’re not aware of the mega-case between Apple and Samsung, you’re not someone who follows legal tech issues closely. Count me as usually oblivious this area of law, although I’ve read some blog chatter about the case.
The Unfairness of Arbitration?
In the New York Times, Stanford Law Prof. Amalia Kessler has an interesting op-ed about consumer arbitration. The interesting thing about this piece is not its arguments against consumer arbitration but its historical take on arbitration that looks back past the FAA.
Putting the “Me” in Mediation
While teaching at Hamline Law School (Go Pipers!) last week one of my students brought me an article from the Star Tribune asking the question, “what happened to compromise?” Using the backdrop of the work stoppage of the Minnesota state government, the NFL lockout, the NBA lockout, and the debt ceiling talks in DC, the article posits that “the narcissism epidemic” of those under 40 is one of the major causes of the problem.
Temple Grandin and the ABA DR Section Meetings in Denver