2026 ADR Summer Reading List

By Leslie King O’Neal

The Construction ADR Toolbox hopes everyone is taking some time off this summer to rest and relax. Summer vacation may mean a trip to the mountains or to the beach or the classic cross-country road trip. It’s also an opportunity to catch up on some reading. Here are some books and articles we’re reading this summer. Although most are not typical “beach reads,” we think you might enjoy them. Skip to the end for a couple of novels written by well-known mediators.

Litigation Interest and Risk Assessment: Help Your Clients Make Good Litigation Decisions by Michaela Keet, Dianne Hevin & John Lande

Aimed at anyone involved in settling lawsuits, this book is a valuable resource. Lawyers, business owners, and neutrals will find its framework for assessing litigation risks and interests a useful tool before any negotiation. The book contains many practical illustrations and checklists. It’s available as an e-book or in print from the ABA Press.[i]

The authors are scholars in dispute resolution, but the book is not an academic tome. John Lande[ii], professor emeritus at the University of Missouri Law School, is a prolific author on ADR topics. He is a frequent contributor to the ABA ADR Section blog, Indisputably.[iii] Michaela Keet is a professor at the University of Saskatchewan Law School.[iv] Heather Dianne Hevin is a professor and associate dean at the University of Saskatchewan Law School.[v]

Preventing the Dispute Before It Begins: Proven Mechanisms for Fostering Better Business Relationships by Kate Vitasek & James P Groton & Ellen Waldman & Allen Waxman

“It usually costs less to avoid getting into trouble than to pay for getting out of trouble” (Professor Lewis Brown, 1950) Is it possible to prevent some disputes from happening? The authors say “Yes!” Distilling the authors’ collective knowledge—from the academic, corporate, think tank, and practitioner’s worlds—this book provides a comprehensive guide on dispute prevention mechanisms to control and even eliminate contract disputes. Available through the ABA Press in e-book or print form.[vi]

The authors have varied backgrounds and deep experience. Kate Vitasek[vii] is Distinguished Fellow for the University of Tennessee Haslam Business School Global Supply Chain Institute and heads UT’s Certified Deal Architect Program. Jim Groton[viii] is a retired lawyer who has been a leader in advocating for dispute prevention and pre-escalation (particularly in construction disputes) for over 50 years. Ellen Waldman is a professor at Thomas Jefferson Law School and was formerly the VP for Advocacy and Educational Outreach at the Institute for Conflict Prevention & Resolution (CPR).[ix] Allan Waman is of counsel to DLA Piper. Previously, he was general counsel and head of litigation at Pfizer[x]

The University of Florida Journal of Technology Law & Policy, Vol. 30, Spring 2026 No. 2[xi]—Special Edition by UF Law 2026 e-Discovery Conference Speakers

Don’t recoil. Yes, we are suggesting you read law review articles. But these are not the kind of law review articles lawyer readers may remember from law school. They are presentations from UF Law’s 2026 e-Discovery Conference. Led by UF Law professor William “Bill” Hamilton, this annual event (now in its 14^th year) gathers 3,000 virtual attendees–lawyers, consultants, academics, and judges from around the country– to discus cutting edge topics in e-Discovery. See https://ufediscoveryconference.com/ for details about last year’s conference.

While all the articles are excellent, if you can read only one, make it Magistrate Judge William Matthewson’s article about AI and the courtroom: The Coming Use and Misuse of Artificial Intelligence in the Courtroom: A Judicial Perspective and Proposal, 20Univ. of Fla J. Tech. Law & Policy 139 (Spring 2026), https://www.journaloftechlaw.org/_files/ugd/ad7a6d_0cd6113efeaa46929f239bc17475627b.pdf

How to Think About AI: A Guide for the Perplexed by Richard Susskind

AI is everywhere, but many of us find it difficult to understand what it is, how it works and its benefits and drawbacks. Drawing on his experience from working with AI since the 1980’s, Richard Susskind presents a short non-technical guide that challenges us to think differently about AI. He explores the history of AI and its possible uses for the future. Available from Amazon, in Kindle, audiobook and hard copy.[xii]

The Art of Impasse-Breaking in Mediation: A Handbook for Mediators, Lawyers and Other Conflict Resolvers by David Alan Hoffman

Mediator and Harvard Lecturer on Law David Hoffman[xiii] describes impasse-breaking tools that mediators use and explains why they work. It begins with tools to prevent impasse and also provides guidance on selecting and deploying the right tool at the right moment when impasse occurs. Available from ABA Press in e-book or hard copy.[xiv]

Two Mediators Take a Literary Turn

Mediators hear many stories. Sometimes they like to tell stories—or write novels. Well known mediators, Howard Marsee[xv] and Lee Shidlofsky took a literary turn by publishing these novels, which are pure fiction.

The Failsafe

In The Failsafe, by Lee Shidlofsky,[xvi] a mediator finds himself trapped between his duty of confidentiality and powerful interests determined to bury the truth. In The Failsafe, the most dangerous thing in your house is the one you invited in. Available from Amazon in Kindle, paperback or hard copy.[xvii]

Dead Girl Waving

Howard Marsee’s[xviii] latest novel, Dead Girl Waving, involves Nick Robles, a criminal trial attorney and a part-time charter boat captain, who has had a bad run of karma. The last thing he needs, twenty miles offshore from Port Canaveral, is a dead girl waving to him from a patch of sargassum weeds. Available from Amazon in Kindle.[xiv]

Takeaways

ADR books and law review articles aren’t the typical “beach read” selections, but we hope this blog post suggested some interesting and insightful books worthy of a place in your beach or lake tote bag. Have a great summer vacation!

In case you missed it, here is our summer reading list from last year—still good choices!