Like many of us, my colleague Erik Girvan wants to know more about whether and how implicit bias affects the mediation process. Erik and his research assistant, Lili McEntire, put together the following report. The term “mediation” is often accompanied by words like “neutral,” “fair,” “equal,” “balanced,” and “impartial.” The American Bar Association and the … Continue reading Do we measure what we value?
For those of us who angst when it comes to law review submission season, my colleague Rhett Larson recently answered several law review submission questions that arise every year. There is a quote attributed to the screenwriter William Goldman regarding Hollywood – “Nobody knows anything.” I increasingly feel like this applies to article submission strategies. … Continue reading Definitive Answers to Unanswerable Law Review Submission Questions
This dispatch comes from frequent guest blogger Jean Sternlight (UNLV). I am writing this blog having just returned from Denver, where I participated in the Consumer Financial Protection Board Field Hearing discussed yesterday at Indisputably by Professor Sarah Cole. As Sarah noted, the CFPB is proposing to prevent companies from using mandatory arbitration to prevent … Continue reading Sternlight: Musings from the CFPB Field Hearing
This dispatch comes from Jackie Nolan-Haley (Fordham) discussing Monday’s program Negotiating with the Dangerous headlines by our very own Andrea. On October 5, 2015, the Fordham Law School Dispute Resolution Society hosted its annual symposium, entitled “Negotiating with the Dangerous.” Keynote speaker Professor Andrea Schneider of Marquette University Law School brushed with broad strokes in … Continue reading Negotiating with the Dangerous at Fordham Law School
Today, the CFPB issued a statement indicating that they are going to propose a rule that would prohibit the financial services industry (banks, credit card issuers etc.) from including class action waiver provisions in pre-dispute arbitration agreements that they require consumers to sign as a condition of doing business with the financial services provider. In … Continue reading CFPB to Propose Rule Banning Enforcement of Class Action Waivers in Pre-Dispute Arbitration Agreements in the Financial Services Industry
An announcement from my colleague, S.I. Strong: Dear all I’m pleased to announce that a student writing competition is being organized in conjunction with the annual symposium convened by the Center for the Study of Dispute Resolution at the University of Missouri School of Law. This year’s symposium is convened by Prof. Carli Conklin and … Continue reading Student Writing Competition on History of DR – Deadline: Nov. 9
First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds. I submit not. Rather, I think that this reflects an evolution of our goals and how we … Continue reading Dispute Resolution Systems and the Future of Our Field
On the first day of its new term, the Court granted certiorari in another FAA preemption case. In MHN Government Services v. Zaborowski, the Court agreed to decide whether, as SCOTUS Blog styled it, “California violates federal arbitration law when it treats arbitration contracts differently from other contracts, in determining whether all or only part … Continue reading Scotus Grants Cert in Another FAA Preemption Case