The Arbitration Conversation (Paperback)

Arbitration, a cornerstone of dispute resolution, has witnessed a profound transformation in recent years, impacting all sectors. Businesses have embraced arbitration for its privacy, speed, and the expertise it offers in resolving intricate disputes. The Arbitration Conversation underscores the significance of arbitration, especially in contexts where specialist arbitrators are needed, or business secrets must be safeguarded. It delves into the nuances of arbitration for international parties seeking neutral forums, underpinned by the New York Convention's enforceable awards. It also notes the benefits and pitfalls of arbitration in more controversial areas like business-to-consumer and employment contracts.

The Arbitration Conversation also sheds unique light on the emergence of online arbitration (OArb), catalyzed by the COVID-19 pandemic and advancements in technology. OArb leverages technology to streamline processes, sometimes offering parties a convenient and cost-effective alternative to in-person arbitration. The text explores OArb's promise and pitfalls, including discussion of AI, blockchain, and the metaverse in arbitration. The book also includes an appendix of OArb protocols that have developed in recent years, as well as providing guidance for arbitrators and arbitration counsel navigating this technological shift, addressing concerns such as cybersecurity and uneven access to technology.

Throughout its pages, The Arbitration Conversation underscores the importance of arbitration as a versatile problem-solving tool. It highlights wisdom learned from seasoned arbitrators, as well as newer voices in arbitration, focused on using arbitration in a flexible manner to help parties achieve their dispute resolution goals. The lessons learned from interviews with experts in various arbitration contexts provide fresh perspective, emphasizing the ever-changing nature of arbitration and the critical role of technology in shaping its future.

For educators and instructors in dispute resolution, the book offers insights into engaging students in virtual learning environments, as well as the challenges and opportunities presented by online legal procedures. The book also can serve as a guide for educators using The Arbitration Conversation videos and podcasts for class exercises. Accordingly, the book also includes an appendix with an index of the free videos and topics covered.

This book is a must-have for dispute resolution practitioners, students, teachers, and anyone interested in taking a peak behind the privacy curtain of arbitration.

Amy J. Schmitz is an arbitrator, mediator, and dispute resolution specialist based in Ohio where she is a professor at The Ohio State University Moritz College of Law and Program on Dispute Resolution as the John Deaver Drinko-Baker & Hostetler Endowed Chair in Law. She is a co-director of the Translational Data Analytics Institute’s Responsible Data Science Research Community of Practice and is also working with the Program on Data Governance and the Divided Community Project—all at The Ohio State University. Before teaching at Ohio State, Professor Schmitz taught at the University of Missouri School of Law and Center for the Study of 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 more than 16 years. Prior to teaching, Schmitz practiced law with large law firms in Seattle and Minneapolis, with a specialty in arbitration. Prior to practice, she served as a law clerk for the U.S. Court of Appeals for the Eighth Circuit.

Schmitz teaches courses in arbitration, contracts, lawyering and problem-solving, online dispute resolution (ODR), AI, data analytics and the law, international arbitration, social media and conflict, and consumer law. She has been heavily involved in arbitration and ODR teaching and research for a long time and is a fellow of the National Center for Technology and Dispute Resolution and was the co-chair of the ABA Technology Committee and the ODR Task Force of the Dispute Resolution Section.

Schmitz has delivered presentations on various topics throughout the world and is regularly interviewed and quoted on arbitration and contract law in the media—this includes The New York Times, Washington Post, Forbes, Bloomberg, Economist, NPR, Wallethub, Kiplinger’s, Bottom Line, Consumer Reports, Money Mag., NBC, ABC, and many others. Some of her awards include the Loyd E. Roberts Memorial Prize in the Administration of Justice (2021); the American Association of Law Schools Section Award for Technology, Law and Legal Education; the Conflict Prevention and Resolution Professional Best Short Article Award (Feb. 2020) and Outstanding Book Award (2023); Shook Hardy Bacon Best Publication Award (2017); four-time winner of the Sandgrund Award for Best Consumer Law Work; and the Calhoun Award for Outstanding Public Service at the University of Colorado.

Schmitz also hosts The Arbitration Conversation, a highly regarded podcast that has reached more than 100 webisodes, and more than 2018 audio podcasts, with more on the way. She also is a researcher with the ACT Project exploring AI and dispute resolution at the Cyberjustice Lab in Montreal. She has published more than 75 articles in law journals and books, is a co-author of a leading casebook, Resolving Disputes: Theory, Practice and Law (Aspen 2021); the new book with Tom Stipanowich, Arbitration: Practice, Policy and Law (Aspen 2022); and a book with C. Rule, The New Handshake: Online Dispute Resolution and the Future of Consumer Protection.

Schmitz also is a Fulbright Specialist, has been elected into the American Law Institute, and won Honorable Mention at the American Legal Technology Awards as an individual who has “demonstrated success throughout their career in making a positive difference in the world as it relates to legal innovation.” The author would like to dedicate this book to her sisters who have been a beacon for teaching, learning and great conversations.