March 1, 2013
Jennifer Reynolds Presents ADR Research at Penn State Law
Jennifer Reynolds, Oregon Law professor and associate director of the Appropriate Dispute Resolution program, recently joined top dispute resolution scholars from around the country at Pennsylvania State Law’s conference, “The Role of the Courts: Judicial Review of Arbitral Awards and Mediated Settlement Agreements.” The conference examined the role of the courts in enforcing mediated and arbitral settlement agreements.
According to Professor Nancy Welsh, a dispute resolution scholar at Penn State Law: “More and more parties and lawyers are using mediation and arbitration to resolve disputes. Not surprisingly, an increasing percentage of parties are trying to ‘undo’ arbitral awards and mediated settlement agreements. As a result, it is more important than ever for lawyers to understand the grounds and standards of review used by courts in deciding whether to enforce mediated and arbitral outcomes.”
Reynolds discussed her research in a presentation titled “Judicial Reviews: What Judges Write When They Write About Mediation,” which explored judicial scholarship about mediation through a broad survey of judicial opinions. Her research provides insight into judicial decision-making; perceptions of ADR within the legal system; dispute systems design best practices; specific features or stereotypes of mediation that tend to attract special judicial attention; and the regions and courts that generate most of these writings.
"The conference crystallized some of the key issues facing mediation and arbitration today including problems of consent in compulsory mediation schemes, the impact of arbitration on administrative agencies, and the judicial review challenges inherent in the mediation-arbitration hybrid," said Reynolds. “It was a terrific gathering and very helpful for my research.”