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Duress as a basis for avoiding an arbitration agreement?

May 10th, 2008 by Michael Moffitt · No Comments

I’m wondering if anyone can point me to a specific example of duress being used successfully as the basis for avoiding an arbitration agreement.
I’ve seen plenty of examples of cases in which it has been argued unsuccessfully.
And I’ve seen examples of cases in which it was one of a laundry list of grievances, some combination […]

→ No CommentsTags: Arbitration

Lawyer Jokes & Mediation Confidentiality

May 9th, 2008 by Andrea Schneider · No Comments

So, in the middle of grading this week, I’ve been interviewing research assistants for the summer. Each candidate had to come to the interview with a negotiation story and a lawyer joke (mostly for the purposes of cheering me up during grading!) The following joke is the winner and also a great argument […]

→ No CommentsTags: Fun

International Effort to Certify Mediators

May 7th, 2008 by Nancy Welsh · No Comments

While certification and ethics for mediators continue to be hotly debated in the U.S., a new organization has come on the scene with the goal of offering a certification that will be accepted as the global mediator competency standard. International Mediation Institute (“IMI”) was created by the Netherlands Mediation Institute, Singapore Mediation Centre/Singapore International […]

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Getting Yelled at by John Ashcroft

May 1st, 2008 by Andrea Schneider · 1 Comment

I am linking you here to a terrific blog post on a report of an incident that occurred last week at Knox College where John Ashcroft was speaking. During the questioning period after his speech (which was interrupted numerous times) a young woman (daughter of a friend of a friend) asked Ashcroft a terrific question […]

→ 1 CommentTags: International · Negotiation

Ross v. Bank of America: Important Victory for Consumers Subject to Arbitration Provisions

April 30th, 2008 by Sarah Cole · No Comments

Jean Sternlight, Saltman Professor, UNLV Boyd School of Law &
Director Saltman Center for Conflict Resolution, brought to my attention the Second Circuit’s recent decision in Ross v. Bank of America, — F.3d —-, 2008 WL 1836640 (C.A.2 (N.Y.). According to Jean:
“[I]t is the most important victory in recent years for consumers seeking to challenge […]

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