Nancy A. Welsh
William Trickett Faculty Scholar and Professor of Law
Education:
J.D., Harvard Law School
B.A., Allegheny College, magna cum laude
Professor Nancy Welsh is a scholar and leader in the related fields of dispute resolution and procedural law. Her research and writing focus on negotiation, court-connected and agency-connected mediation, and arbitration. She has examined the procedural and substantive justice offered by these processes, their potential to resolve non-legal as well as legal issues, their consistency with the promise of self-determination, and, ultimately, the evolving interaction among courts, lawyers, traditional litigation procedures and institutionalized “alternative” processes. In 2006, as a Fulbright Scholar, Professor Welsh conducted research regarding the Netherlands’ nationwide implementation of court-connected mediation and taught in the Private Law Department of Tilburg University.
For nearly ten years, Professor Welsh was the executive director of a nonprofit ADR organization serving Minnesota and advised the Minnesota Supreme Court regarding the institutionalization of ADR in the courts. Prior to that, she was in private practice and litigated federal and state matters involving claims of defamation, violation of securities laws, breach of fiduciary duty and contract, corporate mismanagement, and employment termination. She is former Chair of the ADR Section of the Association of American Law Schools and currently a member of the Council of the ABA Section of Dispute Resolution. She is also a member of the Editorial Board of the Conflict Resolution Quarterly, Independent Standards Commission of the International Mediation Institute, Mediation Advisory Board of the U.S. District Court for the Middle District of Pennsylvania, and Pennsylvania Joint State Government Commission Advisory Committee on Alternative Dispute Resolution.
Professor Welsh teaches Civil Procedure, Negotiation/Mediation, Conflict Resolution Theory Seminar, and Federal Courts. In 2010, she received one of the law school’s inaugural Excellence in Teaching Awards and in 2011 was named Most Valuable Peacemaker (MVP) by the Pennsylvania Council of Mediators.
Contact Information:
E-mail: nxw10@psu.edu
Phone: (717) 241-3508
Principal Office: Carlisle
Curriculum Vitae
Papers available via SSRN
Selected Publications:
Articles
Integrating “Alternative” Dispute Resolution Procedures into Bankruptcy: As Simple (And Pure) As Motherhood and Apple Pie? 11 Nev. L. J. 101 (2011).
I Could Have Been a Contender: Summary Jury Trial As A Means to Overcome Iqbal‘s Negative Effects Upon Pre-Litigation Communication, Negotiation and Early, Consensual Dispute Resolution, 114 Penn St. L. Rev. 1149 (2010).
What Is "(Im)Partial Enough" In a World of Embedded Neutrals?, 52 Ariz. L. Rev. 395 (2010).
You’ve Got Your Mother’s Laugh: What Bankruptcy Mediation Can Learn from the Her/History of Divorce and Child Custody Mediation, 17 Am. Bankr. Inst. L. Rev. 427 (2009).
Is That All There Is? 'The Problem' in Court-Oriented Mediation, 15 Geo. Mason L. Rev. 863 (2008) (with Leonard Riskin).
Looking Down the Road Less Traveled: Challenges to Persuading the Legal Profession to Define Problems Humanistically, 2008 J. Disp. Res. 45 (2008).
Making Deals in Court-Connected Mediation: What’s Justice Got To Do With It?, 79 Wash. U. L. Q. 787 (2001).
The Thinning Vision of Self-Determination in Court-Annexed Mediation: The Inevitable
Price of Institutionalization?, 6 Harv. Negot. L. Rev. 1 (2001).
Books and Book Chapters
The Importance of Context in Comparing the Worldwide Institutionalization of Court-Connected Mediation and The Bi-Modal Pattern of Mediation in the United States and Canada, in ADR in Business: Practice and Issues Across Countries and Cultures (Arnold Ingen-Housz, ed., 2011).
Mandatory Mediation and Its Variations, in Investor-State Disputes: Prevention and Alternatives to Arbitration II, Washington & Lee & UNCTAD Symposium Proceedings (Susan Franck, ed., 2010).
Online Communication Technology and Relational Development, in Rethinking Negotiation Teaching (Christopher Honeyman, James Coben & Giuseppe De Palo, eds., 2009) (co-authored with Anita Bhappu, Noam Ebner, & Sanda Kaufman).
Mediation Confidentiality in the U.S. in Mediation en Vertrouwelijkheid (Mediation and Confidentiality) (Hester Montree and Alexander Oosterman, eds., 2009).
Dispute Resolution and Lawyers (4th ed., 2009) (with Leonard Riskin, et al.).
