Originally from Alternatives to the High Cost of Litigation

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Publishers are human beings who can make mistakes. Sometimes it can be hard for them to notice inappropriate guidance before it gets disseminated to dispute resolvers. Inadvertently discriminatory guidance can therefore end up disseminated by a law journal, a conference workshop, or a continuing legal education training.

Particularly as social consciousness is evolving, it is foreseeable that publishers will find themselves retroactively discovering harmful, discriminatory, and even potentially illegal content in material they put forth as professional guidance for conflict resolution practitioners.

Alternatives to the High Cost of Litigation published this author’s article sharing “Five Strategies Dispute Resolvers Can Use to Vet Professional Guidance and Stop Misconduct,” at 40 Alternatives 177 (December 2022) (available at https://bit.ly/483JpSj). Its goal was to raise awareness of the prevalence of accidental misinformation published in the dispute resolution field, including explicit guidance to screen out parties with mental health problems or otherwise provide them with disparate treatment.