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Digital Dispute System Design: Using Technology in Preventing and Resolving Conflicts, First Edition

Authors
  • Amy J. Schmitz
  • Janet Martinez
Series / Aspen Coursebook Series
Teaching Materials
NO
Description
Table of contents
Preface

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Digital Dispute System Design: Using Technology in Preventing and Resolving Conflicts, First Edition by Amy J. Schmitz and Janet Martinez is a groundbreaking book that will significantly enhance any dispute resolution course.

This book is an essential resource for Online Dispute Resolution (ODR) and Dispute System Design (DSD) courses as well as a valuable supplement for any other dispute resolution course. In today's swiftly-evolving digital world, technology's integration into dispute prevention and resolution is crucial. As Colin Rule, a pioneer in the field, notes, the shift from traditional methods to digital platforms is profound. With advancements in AI and blockchain, dispute resolution has fundamentally changed. In a time of rapidly-changing technologies, Digital Dispute System Design provides foundational analysis and educates the next generation of practitioners and policymakers. It is a testament to the transformative power of technology and the enduring importance of effective dispute prevention and resolution in our society.

For professors, this book offers a comprehensive guide to designing effective digital dispute systems. It provides teaching materials, including a Teacher’s Manual and sample syllabi, to help instructors address the challenges of teaching in this dynamic field. By adopting this book, professors can ensure their students gain the knowledge and skills to ethically and effectively use technology in dispute resolution and dispute system design.

Amy J. Schmitz and Janet Martinez, leading experts in ODR and Dispute Systems Design, provide practical and visionary insights. This book is a blueprint for embracing innovation in dispute resolution.

"As a self-described tech-curious dispute resolution professional, I found the book to be a groundbreaking text that uniquely combines technology and dispute systems design (DSD). The book offers a comprehensive exploration of current topics and trends in the field, effectively using examples and case studies to illustrate key concepts. I particularly appreciate the authors' efforts to help readers understand how technology can be intentionally integrated into dispute systems design, a perspective I haven't encountered in many other DR resources."

Alyson Carrel
Clinical Professor of Law
Co-Director, Center on Negotiation, Mediation, and Restorative Justice
Northwestern Pritzker School of Law

Benefits for instructors and students:

  • Authors Amy J. Schmitz and Janet Martinez bring unparalleled expertise to this subject. Their combined research, experience, and foresight make this book an authoritative resource. Schmitz, a prolific ODR scholar, and Martinez, a leading thinker in Dispute Systems Design, offer insights that are both practical and visionary. Their collaboration ensures that the book is grounded in real-world applications while also pushing the boundaries of what is possible in the field.
  • The exercises and resources provided for teachers address technological challenges head-on.
  • The text provides a comprehensive guide to the principles and practices of designing digital dispute systems, and equips students and practitioners with the knowledge and skills needed to navigate the complexities of the digital age. By understanding how to leverage technology in dispute resolution, readers will be better prepared to handle the increasing volume and complexity of disputes in our interconnected world.
  • Charts and tables provide a visual summary of key content throughout the book.
  • Exercises provide an opportunity to progress from theory to practice across a wide range of circumstances from diverse perspectives.
  • Chapters dedicated to specific applications of DSD analysis offer real insights into real-world applications of systems thinking to dispute prevention and resolution processes.
  • The book's content and Glossary, dedicated to explaining the technologies used in dispute resolution, make this text an essential resource for any learner or leader. Chapters dedicated to "soft" and "hard" law provide important guidance as we navigate shifting regulatory environments in technology, especially AI.
  • Recap boxes synthesize key issues, and Example boxes detail real world incidents to illustrate the issues.
  • Case Study boxes provide practice in dealing with a variety of conflict situations; diagnose the source of conflict and the role of technology; and then consider when and where technology can play a role in preventing, managing, or resolving that conflict.
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About the authors
Amy Schmitz
John Deaver Drinko-Baker & Hostetler Chair in Law; Co-Director, Translational Data Analytics Institute Responsible Data Science CoP
Moritz College of Law, The Ohio State University

Professor Amy J. Schmitz is a full professor at The Ohio State Moritz College of Law and Program on Dispute Resolution as the John Deaver Drinko-Baker & Hostetler Endowed Chair in Law and a Co-Director of the Translational Data Analytics Institute (TDAI) CoP for Responsible Data Science at The Ohio State University. She also created and directs the JusticeTech Program and is affiliated with The Ohio State Program on Data Governance and the Divided Community Project. Before teaching at Ohio State, Professor Schmitz taught at the University of Missouri School of Law and Center for Dispute Resolution as the Elwood L. Thomas Missouri Endowed Professor of Law, starting in 2016. Previously she was a Professor at the University of Colorado School of Law for over 16 years. Prior to teaching, Professor Schmitz practiced law with large law firms in Seattle and Minneapolis and served as a law clerk for the U. S. Court of Appeals for the 8th Circuit. Professor Schmitz teaches courses in Law and Technology/JusticeTech, Contracts, Lawyering and Problem-Solving, Online Dispute Resolution (ODR), Arbitration, International Arbitration, Social Media and Conflict, and Uniform Commercial Code. She has been heavily involved in Arbitration and LegalTech teaching and research for a long time, is a Fellow of the National Center for Technology and Dispute Resolution, and was the Co-Chair of the ABA Technology Committee of the Dispute Resolution Section and the ODR Task Force. Professor Schmitz is also an elected member of the American Law Institute and the 2023 winner of the Association of American Law Schools Technology, Law and Legal Education Section Award as well as the ABA Section on Dispute Resolution Scholarly Achievement Award in 2025.

Professor Schmitz has delivered over 185 presentations and hosts The Arbitration Conversation, a highly regarded webcast (100 episodes on UTube) that moved to a podcast (17 episodes and more coming). She also is a researcher with the ACT Project exploring AI and dispute resolution at the Cyberjustice Laboratory in Montreal, Canada, and is heavily involved in discussions and research around technology, dispute resolution, and access to justice. She has published over 90 articles in journals and books, is a co-author of Resolving Disputes: Theory, Practice and Law (Aspen 2021), the book with Stipanowich, Arbitration: Theory, Practice and Law (Aspen 2022), a book with C. Rule, The New Handshake: Online Dispute Resolution and the Future of Consumer Protection (ABA 2017), and most recently, The Arbitration Conversation: Insights and Wisdom from Experts in the Field (ABA 2024). She has received the Inst. for Conflict Prevention and Resolution (CPR) Award for one of her articles as well as the CPR Book Award in 2023 and again in 2025. Amy has been an Expert Consultant on two USAID Projects, two Fulbright Specialist grants, and does research, teaching and presentations throughout the world. See also Amy Schmitz | Moritz College of Law (osu.edu).

Janet Martinez
Senior Lecturer Emerita
Stanford Law School

Janet Martinez is Senior Lecturer Emerita and retired from serving as Director of the Martin Daniel Gould Center for Conflict Resolution at Stanford Law School since 2004. Martinez taught courses in negotiation, advanced negotiation (public policy, transactions, international), dispute system design, and alternative dispute resolution law and policy. Dr. Martinez practiced corporate law for ten years in San Francisco, lastly as Senior Counsel for McKesson Corporation’s acquisitions and divestitures. She was Senior Consultant for the Consensus Building Institute in Cambridge, Massachusetts, a nonprofit devoted to conflict resolution worldwide, including facilitating a series of policy dialogues in international trade and climate change; she now serves on the board of directors. Martinez does corporate executive negotiation trainings with LaxSebenius Negotiation Group, as well as with law firms in North America and abroad. Dr. Martinez received her B.S. in Bacteriology from Washington State University, J.D. from Golden Gate University, M.P.A. from Harvard University, and Ph.D. from Massachusetts Institute of Technology.

Martinez is a Fellow of the National Center of Technology and Dispute Resolution, and is a founding member of the International Council on Online Dispute Resolution. She presented the Schwartz Lecture on Dispute Resolution at The Ohio State University Mortiz College of Law in 2024, “Designing Dispute Systems for Contemporary Justice.” With Lisa Amsler and Stephanie Smith, she published Dispute System Design: Preventing, Managing, and Resolving Conflict (Stanford University Press, 2020). Martinez has published numerous articles on dispute system design, most recently L. Wing, J. Martinez, E. Katsh and C. Rule, “Designing Ethical Online Dispute Systems: The Rise of the Fourth Party”; A. Schmitz and J. Martinez, “ODR and Innovation in the U.S.” in Rainey, Katsh, Wahab, Online Dispute Resolution: Theory and Practice. A Treatise on Technology and Dispute Resolution; and J. Martinez and G. Lum, “From Conflict to Code: How AI is Rewriting Dispute ResolutionM” in the Cambridge Handbook on AI and Civil Justice System. Her article with Stephanie Smith An Analytic Framework for Dispute Systems Design, 14 Harv. Negot. L. Rev. 123 (2009) was selected for inclusion in the next volume of the Discussions in Dispute Resolution: the Foundational Articles, volume II, A. Hinshaw, A. Schneider, and S. Cole, eds. (Oxford University Press, forthcoming 2025).

Product Information
Edition
First Edition
Publication date
2025-09-15
Copyright Year
2025
Pages
350
Connected eBook (Digital Only)
9798892075275
Subject
Dispute Resolution
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