Delivering the 12th Annual Robert I. Weil Memorial Lecture, Professor Carrie Menkel-Meadow discusses the many issues that arise when dispute resolution professionals blend mediation principles and processes into arbitration or vice versa.While blended processes can have advantages over “pure” mediation or arbitration in certain cases, everyone involved need to ensure that “hybrid” processes give the parties adjudication of issues where needed, preserve their ongoing relationship where desired, and not cause the mediator, arbitrator or the lawyers representing the parties to violate the conflict of interest or other legal ethics rules that apply to the dispute resolution process.
Carrie Menkel-Meadow, Professor, Law and Political Science at the University of California, Irvine; A.B. Chettle Jr. Professor of Law, Dispute Resolution and Civil Procedure Emerita, Georgetown University Law Center, Irvine, CA
Carrie is the Chancellor’s Professor of Law and Political Science at the University of California, Irvine and A.B. Chettle Jr. Professor of Law, Dispute Resolution and Civil Procedure Emerita at Georgetown University Law Center. She is one of the founders of the modern legal dispute resolution field and has been teaching negotiation, mediation and related subjects for over 35 years. She has published over 15 books and 200 articles in the field, including Mediation and Its Applications for Good Decision Making and Dispute Resolution (2016); Dispute Resolution Beyond the Adversary Model (2nd ed. 2011); Negotiation: Processes for Problem Solving (2nd ed. 2014); Mediation: Practice, Policy and Ethics (2nd ed. 2013); What’s Fair: Ethics for Negotiators (2004);and a three volume edited treatise Complex Dispute Resolution: Foundations, Decision Making, Multi-Party Dispute Resolution and International Dispute Resolution (2012). Carrie has taught law and dispute resolution to diplomats, lawyers, law students, mediators, government officials and ordinary citizens in 26 countries (on seven continents). She is an active mediator and arbitrator, as well as policy and strategic planning facilitator, and has consulted for the World Bank, United Nations, the Federal Judicial Center and federal and state courts, and the International Red Cross on matters of conflict resolution and dispute system design. She has also worked on peace in the Middle East, transnational legal issues in Europe, transitional justice in South America, and new forms of economic cooperation and dispute resolution and legal education in Asia. She has mediated and arbitrated hundreds of disputes in the United States including commercial, class action, employment, health , asbestos, insurance, intellectual property, arts, and education cases, as well as many general civil litigation matters. She has also mediated and arbitrated cases outside of the United States.Professor Menkel-Meadow graduated cum laude Juris Doctorate from the University of Pennsylvania Law School, magna cum laude, B.A. (in sociology) and Phi Beta Kappa from Barnard College, Columbia University.