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| ABA Section of Dispute Resolution | |
|---|---|
| Name | ABA Section of Dispute Resolution |
| Formation | 1976 |
| Type | Professional association |
| Headquarters | Chicago, Illinois |
| Parent organization | American Bar Association |
ABA Section of Dispute Resolution is a specialized division of the American Bar Association devoted to alternative dispute resolution, mediation, arbitration, negotiation, and conflict management. It serves practitioners, judges, academics, and policymakers by offering standards, model rules, and training that interact with institutions such as the United States Supreme Court, Federal Judicial Center, United States Department of Justice, and international bodies like the United Nations and the International Chamber of Commerce. The Section participates in rulemaking, legislative reform, and cross-border initiatives that influence practice in jurisdictions including New York (state), California, England and Wales, and regions served by the European Court of Human Rights.
The Section traces origins to ABA efforts in the 1970s that paralleled developments in Harvard Law School dispute resolution scholarship, experiments at the Institute for Applied Behavioral Science, and projects by the Ford Foundation. Early leaders drew on arbitration traditions from the New York Stock Exchange and mediation precedents in the United States District Court for the Southern District of New York, aligning with policy debates in the United States Congress and administrative reforms influenced by the Administrative Office of the United States Courts. Over decades the Section responded to influential reports from the Federal Mediation and Conciliation Service, model legislation such as the Uniform Arbitration Act (1955), and comparative law studies from the International Bar Association.
Governance is structured through elected officers, a House of Delegates interface with the American Bar Association, and standing committees modeled after units in organizations like the National Conference of Commissioners on Uniform State Laws and the American Arbitration Association. Leadership rotates among representatives with affiliations to courts such as the United States Court of Appeals for the Ninth Circuit, law schools such as Yale Law School and Columbia Law School, and firms with clients listed on exchanges like the New York Stock Exchange and NASDAQ. The Section coordinates with bar associations including the New York County Lawyers' Association, the California Lawyers Association, and international counterparts like the Law Society of England and Wales.
Major initiatives have included development of model ethics rules paralleling guidance from the American Bar Association Standing Committee on Ethics and Professional Responsibility, pilot projects in collaboration with the Federal Reserve Board and World Bank, and court-annexed mediation programs adapted from practices at the United States District Court for the District of Columbia and the United States Bankruptcy Court for the Southern District of New York. The Section sponsors task forces on topics such as consumer arbitration influenced by cases in the United States Court of Appeals for the Second Circuit, employment mediation echoing standards from the Equal Employment Opportunity Commission, and international commercial arbitration involving tribunals under the United Nations Commission on International Trade Law.
The Section publishes reports, model rules, and newsletters comparable to outputs from the American Law Institute, the Harvard Negotiation Project, and journals like the Yale Law Journal and the Harvard Law Review. Flagship resources include manuals used alongside treatises by authors affiliated with Columbia Law School, case commentaries cited in opinions from the United States Supreme Court, and practitioner guides used in firms that appear before the International Court of Justice and the World Trade Organization. The Section’s materials inform continuing legal education curricula adopted by organizations such as the Federal Judicial Center and the National Center for State Courts.
The Section administers training programs and accredits providers in cooperation with entities like Harvard Law School, Pepperdine University Rick J. Caruso School of Law mediation programs, and the JAMS panel, while coordinating CLE approvals with state bars including the New York State Bar Association and the California State Bar. Certification standards reference scholarship from the ABA Section of Litigation and curriculum models from the Institute for the Advancement of the American Legal System, and programs are delivered by faculty with backgrounds at institutions like Stanford Law School, Michigan Law School, and courts including the Supreme Court of Canada.
Annual conferences attract delegates from legal institutions such as the International Bar Association, arbitration centers like the London Court of International Arbitration, and judicial organizations such as the American Judges Association. Specialty symposia cover topics aligned with forums at the United Nations Commission on International Trade Law and workshops co-hosted with the World Bank and the Organisation for Economic Co-operation and Development. Regional meetings involve partnerships with the Chicago Bar Association, the Los Angeles County Bar Association, and university centers at Georgetown University Law Center.
The Section’s model rules, committee reports, and training have shaped litigation-avoidance strategies employed by corporations listed on the Fortune 500, influenced appellate decisions in circuits including the United States Court of Appeals for the D.C. Circuit, and informed legislative reforms enacted by state legislatures such as those in Texas and Florida. Its cross-border engagement has affected arbitration practice before the International Centre for Settlement of Investment Disputes and dispute management in multinational transactions involving counsel from firms with offices in London, Paris, Hong Kong, and Singapore. Through collaborations with bodies like the National Mediation Board and scholarly exchanges with centers at Oxford University and Cambridge University, the Section continues to shape standards used by judges, arbitrators, mediators, and counsel worldwide.
Category:American Bar Association sections Category:Alternative dispute resolution