Robert Baruch Bush | |
---|---|
Born | Robert Alan Baruch Bush January 24, 1948 Phoenix, Arizona, U.S. |
Academic background | |
Education | Harvard University (BA) Stanford University (JD) |
Academic work | |
Discipline | Law |
Sub-discipline | Mediation Alternative dispute resolution |
Institutions | Hofstra University |
Robert Alan Baruch Bush (born January 24,1948) is an American legal scholar working as the Harry H. Rains Distinguished Professor of Alternative Dispute Resolution (ADR) Law at the Maurice A. Deane School of Law. [1]
Bush was born in Phoenix,Arizona. He earned a Bachelor of Arts degree from Harvard University in 1969 and a Juris Doctor from the Stanford Law School in 1974. [1]
Together with Joseph Folger of Temple University he is the originator,and best known advocate,of the transformative model of mediation. [2] He has authored over two dozen articles and books on mediation and ADR. In 2006 he received the Annual PeaceBuilder Award by the New York State Dispute Resolution Association to honor individuals and organizations that have promoted the field of ADR. [3]
He authored an article on mediation in the Jewish tradition,discovering that many of his earlier research findings were compatible with Jewish principles of mediation (P'shara).
He has practiced mediation in various contexts since starting a community mediation program in San Francisco in 1976,and has developed and conducted many training programs on mediation and ADR,including training for lawyers and judges. He has been at Hofstra Law School since 1980. [1]
Coming from a secular Jewish environment,in his adult life,Bush became an orthodox Chabad Jew.[ citation needed ]
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.
Mediation is a structured,interactive process where an impartial third party neutrally assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs,rights,and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"),while refraining from providing prescriptive advice to the parties.
The Federal Mediation and Conciliation Service (FMCS),founded in 1947,is an independent agency of the United States government,and the nation's largest public agency for dispute resolution and conflict management,providing mediation services and related conflict prevention and resolution services in the private,public,and federal sectors. FMCS is tasked with mediating labor disputes around the country;it provides training and relationship development programs for management and unions as part of its role in promoting labor-management peace and cooperation. The Agency also provides mediation,conflict prevention,and conflict management services outside the labor context for federal agencies and the programs they operate. The FMCS headquarters is located in Washington,D.C.,with other offices across the country.
Peace education is the process of acquiring values,knowledge,attitudes,skills,and behaviors to live in harmony with oneself,others,and the natural environment.
Joseph P. Folger is former professor of communication at Temple University. Together with Robert A. Baruch Bush,he is the originator,and best known advocate,of the transformative model of mediation.
The Mutual Gains Approach (MGA) to negotiation is a process model,based on experimental findings and hundreds of real-world cases,that lays out four steps for negotiating better outcomes while protecting relationships and reputation. A central tenet of the model,and the robust theory that underlies it,is that a vast majority of negotiations in the real world involve parties who have more than one goal or concern in mind and more than one issue that can be addressed in the agreement they reach. The model allows parties to improve their chances of creating an agreement superior to existing alternatives.
Dispute Systems Design (DSD) involves the creation of a set of dispute resolution processes to help an organization,institution,nation-state,or other set of individuals better manage a particular conflict and/or a continuous stream or series of conflicts. For an article about systems for dealing with disputes within organizations see also complaint systems.
Alternative dispute resolution (ADR),or external dispute resolution (EDR),typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However,ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
Transformative mediation describes a unique approach to conflict intervention that was first articulated by Robert A. Baruch Bush and Joseph P. Folger in 1994 in The Promise of Mediation. It has been the subject of much study,research and development ever since.
The Arbitration Roundtable of Toronto is made up of several litigators,academics,arbitrators,and mediators from the Greater Toronto Area. The group promotes arbitration as an alternative method of conflict resolution over litigation,especially in commercial suits. Members include commercial litigators from Toronto law firms including some of the Seven Sisters of Bay Street. Each member has experience and interest in promoting commercial Arbitration. The group dedicates its time to encouraging this form of Dispute resolution through seminars,papers,and talks.
Leonard J. Marcus is an American social scientist and administrator. He is director of the Program for Health Care Negotiation and Conflict Resolution at the Harvard T.H. Chan School of Public Health at Harvard University,and founding co-director of the National Preparedness Leadership Initiative,a joint program of the Harvard T.H. Chan School of Public Health and the Center for Public Leadership at Harvard's Kennedy School of Government.
Arnold M. Zack has served as an arbitrator and mediator of labor management disputes since 1957. Born on October 7,1931,in Lynn Massachusetts,he is a graduate of Tufts College,Yale Law School and the Harvard University Graduate School of Public Administration. He was a Fulbright Scholar,a Wertheim Fellow,President of the National Academy of Arbitrators and member of the College of Labor and Employment Lawyers. He served as a judge of the Asian Development Bank Administrative Tribunal and was President of the Tribunal since 2010. He also served and taught as senior research associate at the Labor and Worklife Program of Harvard Law School and the Harvard Trade Union Program since 1985.
Lawrence E. Susskind is a teacher,trainer,mediator,and urban planner. He is one of the founders of the field of public dispute mediation and is a practicing international mediator through the Consensus Building institute. He has taught at the Massachusetts Institute of Technology since 1971.
Nancy Diane Erbe is an American negotiation,conflict resolution and peacebuilding professor at California State University,Dominguez Hills (CSUDH). Over the course of her career,she has collaborated with a wide spectrum of individuals and groups representing more than 80 countries,from colleagues and associates to clients and students,on these issues. She is a Fulbright Scholar,Senior Specialist in Peace and Conflict Resolution,and a Fulbright Distinguished Chair. She has received four Fulbright Honors to date including two in the same year (2015) which is extremely rare. She is the recipient of the Presidential Outstanding Professor Award-2015. In 2015 she along with her husband facilitated the start of the Arab world's first Master's Program in Peace Studies in West Bank. She has been a reviewer for Fulbright Commission in Egypt since 2016.
Peter Thomas Coleman is a social psychologist and researcher in the field of conflict resolution and sustainable peace. Coleman is best known for his work on intractable conflicts and applying complexity science.
Thomas Trenczek is a German law professor and mediator. He studied both law,and social sciences (M.A.) in Tübingen (Germany),and Minneapolis (USA). He is owner of the Steinberg Institute for Mediation and Conflict Management (SIMK) Hannover and works as a mediation trainer.
Allan Jeffrey Stitt is a chartered Canadian arbitrator,mediator and film producer. He is the president and CEO of ADR Chambers,a Canadian arbitration and mediation organization. Stitt is the recipient of the 2006 Ontario Bar Association Award of Excellence in Alternative Dispute Resolution. In 2022,Stitt was awarded an honorary Doctor of Laws from the University of Windsor Faculty of Law. As a movie executive producer,Stitt has also contributed to films including The Layover,The Birth of a Nation,Into the Forest,I Saw the Light,and Ithaca.
Forrest "Woody" Steven Mosten is an American lawyer and author. Mosten has been practicing law in Los Angeles since 1972,additionally serves clients in San Diego and Orange County,and accepts mediation engagement throughout the world online. A former litigator,he is a full-time peacemaker and never takes a case to court,often working in an interdisciplinary team with a triage approach. Mosten has spoken at conferences and trains lawyers and litigators,and he is an adjunct professor at the UCLA School of Law,where he has been teaching since 2002.
Michal Alberstein is an expert in the field of conflict resolution and reconstruction of legal thought. Alberstein is the Dean of The Faculty of Law,Bar-Ilan University,the Primary Investigator on an ERC consolidator grant to study Judicial Conflict Resolution (JCR) and the academic chairperson of “Israeli hope”project,supported by the president of Israel and High Council of Education.
David Alan Hoffman is an American attorney,mediator,arbitrator,author,and academic. He is the John H. Watson,Jr. Lecturer on Law at Harvard Law School. He is also the founder of Boston Law Collaborative. His TEDx talk on Lawyers as Peacemakers describes his decision to discontinue courtroom advocacy and focus exclusively on mediation,arbitration,and Collaborative law.