Professor Art Hinshaw’s teaching and research focuses on alternative dispute resolution, a field that looks to forge peace between adversaries that, among other things, can save their money and the courts’ time. At the Sandra Day O’Connor College of Law, Professor Hinshaw teaches Negotiation and directs the Lodestar Mediation Clinic. The students, for their part, have been winning awards in ADR moot court competitions and building connections with ADR professionals through the student organization DRSA. ADR methods include mediation, in which neutral a third party facilitates communications between disputing parties in an attempt to resolve matters, and arbitration, in which a third party hears the dispute and drafts an arbitration award stating who prevails in the dispute.
West Publishing recently released the sixth edition of a popular casebook Professor Hinshaw co-authored, Dispute Resolution and Lawyers: A Contemporary Approach, which provides an overview of the latest developments in arbitration, negotiation, and mediation. Oxford University Press is scheduled to publish his next book, Discussions in Dispute Resolution: The Foundational Articles, which revisits several foundational works in the field, and he has a forthcoming magazine article and book chapter will analyze negotiation ethics.
Much of Professor Hinshaw’s published work focuses on attorney negotiation ethics, a topic he argues is widely misunderstood, in large part because of his empirical work surveying practicing attorneys in Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics. This research also led to a piece titled Gender and Attorney Negotiation Ethics, which explored possible reasons for an unexpected result in a study of the reaction of men and women when asked to engage in fraud. He has written several pieces arguing that lawyers need to internalize their understanding of negotiation ethics in order to follow the requirements of the Model Rules of Professional Conduct, and in Teaching Negotiation Ethics he offered advice to fellow law professors on how best to teach the subject.
More recently he has analyzed the evolutionary psychological understanding of emotions, and how mediators can harness outbursts of anger or moments of gratitude to resolve disputes in Outbursts: An Evolutionary Approach to Emotions in the Mediation Context. A piece in the Harvard Negotiation Law Review, Regulating Mediators, concerns the potential for scammers to fleece the public resulting from under-regulation of mediators, and suggests innovative solutions.
You can read Professor Hinshaw’s scholarship at the ASU Law Library’s Faculty Repository. If you have an interest in research or practice in the growing ADR field, check out the Lodestar Dispute Resolution Center, and watch the Daily Disclosure for information on the next Dispute Resolution Student Association session. And if you’d like to do your own research on negotiation, mediation, or arbitration, you can Meet with a Librarian to get started.
Andrea Gass, Law Library Fellow