Jacqueline Nolan-Haley

Professor Jacqueline Nolan-Haley directs the ADR & Conflict Resolution Program and the Mediation Clinic at Fordham Law School where she teaches courses in ADR, International and Comparative Perspectives in Mediation, Catholic Perspectives in Conflict Resolution, International and Interethnic Conflict Resolution, and Mediation Theory and Practice.

Her scholarship examining matters related to informed consent in mediation has long constituted required reading for any law student.  Her book, ADR in a Nutshell, now in its 5th edition, has educated several generations of practitioners regarding the fundamentals norms and challenges in ADR processes.  Her international work, notably in Northern Ireland, and Ghana has encouraged mediation practitioners and dispute systems design specialists to broaden their perspectives regarding the multiple, valued ways in which persons can use the mediation process to enhance human understanding and dignity.

Professor Nolan-Haley is a member of the Ethics Committee of the ABA Section of Dispute Resolution and the AAA-ICDR Council.  She co-chairs the CLE and Education Committee of the New York Bar Association’s Dispute Resolution Section and is the former Chair of the ADR Section of the Association of American Law Schools. She has taught dispute resolution courses at the University of Lorraine, France, McGill University, Boston University Law School, and University of Navarra School of Law, and has been a Visiting Scholar at the Harvard Program on Negotiation.

Throughout her professional career, Professor Nolan-Haley has focused her research on issues related to informed consent, access to justice, ethics and comparative perspectives in ADR.  She has been recognized by multiple organizations for her contributions, including the Fordham Urban Law Journal’s Louis J. Lefkowitz Award given for “outstanding contributions to the law as it affects urban communities” and the 2013 CPR International Institute for Conflict Resolution and Prevention’s award for “Outstanding Original Professional Article” for her article, Mediation: The “New Arbitration,” (17 Harvard Negotiation Law Review 61 (2012).)   

Education

• Emmanuel College, AB, 1971
• Suffolk University Law School, JD,cum laude, 1975
• New York University, LLM, Trade Regulation, 1981

Journals

Reflection, Deliberation, and Dialogue: Stipanowich’s Contribution to Dispute Resolution, 10 Texas A&M L. Rev. 673 (2023).

Review essay of Hinshaw, Schneider and Cole, Discussions in Dispute Resolution: The Foundational Articles (Oxford University Press) in 38 Negotiation Journal 137 (2022).

Forward, Symposium, Achieving Access to Justice Through ADR: Fact or Fiction? 88 Fordham. L. Rev. 2111 (2020).

International Dispute Resolution and Access to Justice: Comparative Law Perspectives, 2020 Missouri J of Dispute Res. 391 (2020).

Mediation, Self-Represented Parties and Access to Justice: Getting There from Here, 87 Fordham L. Rev. Online 1 (2019)

Does ADR’s Access to Justice Come at the Expense of Meaningful Consent,? 33 Ohio St. J. Dispute Res. 373 (2018)

Designing Systems for Achieving Justice after a Peace Agreement: The Case of Northern Ireland, 13 University of St. Thomas L. Journal 315 (2017).

Mediation and Access to Justice in Africa: Perspectives from Ghana, 21 Harvard Negotiation L. Rev. (59).(2015)

Mediation: The Best and Worst of Times, 16 Cardozo Journal of Conflict Resolution 731 (2015).

Judicial Review of Mediated Agreements: Improving Mediation with Consent
5 Penn St. Y.B. Arb. & Mediation 152 (2013).

Procedural Justice Beyond Borders: Mediation in Ghana, Harvard Negotiation Law Rev. (March 2014)

Ethics Problem and Solution: Informed Consent, ENewsletter, ABA Section of Dispute Resolution, February 2013.

Is Europe Headed Down the Primrose Path with Mandatory Mediation?, 37 North Carolina Journal of International Law and Commercial Regulation 981 (2012).

Evolving Paths to Justice: Assessing the EU Directive on Mediation (2012).

Mediation: The "New Arbitration," 17 Harvard Negotiation Law Review 101 (2012).

Mediation Exceptionality, 78 Fordham Law Review 1247 (2009).

Consent in Mediation, Dispute Resolution Mag. 4 (Winter 2008).

Teaching Comparative Perspectives in Mediation: Some Preliminary Reflections, 81 St. John's Univer. L. Rev. 259 (2007).

Finding Interior Peace in the Ordinary Practice of Law: Wisdom from the Spiritual Tradition of St. Teresa of Avila,46 Journal of Catholic Legal Studies 29 (2007).

Self-Determination in International Mediation: Some Preliminary Reflections, 7 Cardozo J. Conflict Resol. 701 (2007).

The Merger of Law and Mediation: Lessons from Equity Jurisprudence and Roscoe Pound, 6 Cardozo J. Conflict Resol. 57 (2005).

Problem-Solving Negotiation: Northern Ireland's Experience with the Women's Coalition, 2003 Journal of Dispute Res.387 (with Brogna Hinds).

New Problem-Solving Scholarship: An Historical Tale with a Happy Ending, Negotiation Journal 169 (April 2003).

The Intersection of Religion, Race, Class, and Ethnicity in Community Conflict, Negotiation Journal 381 (October 2002).

Lawyers, Non-Lawyers and Mediation: Rethinking the Professional Monopoly from a Problem-Solving Perspective, 7 Harvard Negot. L. Rev. 235 (2002).

Introduction: Lawyers' Ethics in ADR, Symposium on ADR and the Professional Responsibility of Lawyers, 28 Ford. Urb. L. J. 891 (2001).

Conflict in Northern Ireland After the Good Friday Agreement, 22 Ford. Int. L. J. 1372 (1999)(with Professor Seamus Dunn).

Informed Consent in Mediation: A Guiding Principle for Truly Educated Decision making, 74 Notre Dame L. Rev. 775 (1999).

Lawyers, Clients, and Mediation, 73 Notre Dame L. Rev. 1369 (1998).

Court Mediation and the Search for Justice Through Law, 74 Washington University Law Quarterly 1 (1996).

Teaching Mediation As A Lawyering Role, 39 J. Legal Educ. 571 (1989)(co-author with Maria Volpe).

Books and Chapters  

ALTERNATIVE DISPUTE RESOLUTION IN A NUTSHELL,  5TH EDITION WEST PUB. (2021). 

"Lawyer Representation in Mediation" in Mediation Ethics: A Practitioner's Guide, Chapter 

9 (Omer Shapira, ed., ABA Publishing) (2021)  

GLOBAL ISSUES IN MEDIATION: INTERNATIONAL AND COMPARATIVE PERSPECTIVES (co-author) Thomson/West (2019). 

“Lawyers, Clients and Informed Consent,” NEGOTIATION ESSENTIALS FOR LAWYERS,  Honeyman & Schneider Ed (ABA Publishing 2019) 

“The Value of Informed Consent for Negotiators,” THE NEGOTIATOR’S FIELDBOOK, Honeyman & Schneider Ed. 2nd ed. (2018) 

“Mediators in Arbitration,” Chapter 11 in Oxford Handbook of International Arbitration, Oxford University Press (2020) 

“Mediation Skills,” Chapter in The Sage Encyclopedia of Political Behavior Sage Publishing (Fathali M. Moghaddam, ed.) (2017). 

“Agents and Informed Consent: After the 2008 Financial Crisis,” Book Chapter in THE NEGOTIATOR’S DESK REFERENCE (Honeyman & Schneider Ed.) (2017) 

“Tensions Between Disputant Autonomy and Substantive Fairness,” Commentary in MEDIATION ETHICS: CASES AND COMMENTARY, Jossey Bass Pub.  (EllenWaldman Ed., 2011). 

TOOLKIT GENERATING OUTCOMES: MAKING & SAVING DEALS MEDIATION-NEGOTIATION, Int’l ed., The Hague: Sdu Utigevers, 2009 (Contributing editor with Manon Schonewille (editor) & Laurence Boulle (contributing editor). 

INTERNATIONAL CONFLICT RESOLUTION: CONSENSUAL ADR PROCESSES ( West 2005)[co-author]. 

BLACK'S LAW DICTIONARY, (6th ed.1990) [co-author]. 

“Culture-The Body/Soul Connector in Negotiation Ethics,” in RETHINKING NEGOTIATION TEACHING: INNOVATIONS FOR CONTEXT AND CULTURE (C. Honeyman, J. Coben & G. De Palo: DRI Press, 2009) [with Ewa Gmurzynska]. 

“Agents and Informed Consent,” Chapter in THE NEGOTIATOR’S FIELDBOOK (Schneider & Honeyman eds., American Bar Association, Section of Dispute Resolution 2006). 

Using Mediation to Resolve Intellectual Property Disputes: Client Counseling in an Adversarial World, AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION MID-WINTER INSTITUTE at T 1-9 (Jan. 1993). 

LEGAL BUSINESS FORMS ANNOTATED, MASS. PRAC., Vols.l5, l5A, l6 (West Supp. l976).

• Alternative Dispute Resolution
• International Conflict Resolution
• Mediation Clinic Seminar
• International and Comparative Mediation

Awards & Honors

2020 Award for Outstanding Scholarly Work, American Bar Association, Dispute Resolution Section.

2013 Charles Carroll Award, Guild of Catholic Lawyers.

2012 Award for “Outstanding Professional Article,” by the CPR Institute for Conflict Prevention & Resolution, for her Mediation: The New Arbitration,” (17 Har. Neg. L. Rev. 61 (2012)).

1999 Louis J. Lefkowitz Award, Fordham Urban Law Journal.