April 15, 2014

“Don’t Skimp on Legal Training”

By Cynthia Alkon

  That is the title of an op-ed in yesterday’s New York Times written by Carrie Menkel-Meadow and Edwin Chemerinsky.  The op-ed cautions against rushing to fix legal education in ways that may do “more harm than good.”  The full … Continue reading

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April 15, 2014 | Permalink | No Comments

April 14, 2014

Senator Jon Kyl’s 10 Negotiation Lessons

By Art Hinshaw

Recently I had the pleasure of having former US Senator Jon Kyl as a guest speaker in my Negotiation course.  Time magazine recognized Kyl as one of the world’s most influential people in 2010 (along with Lady Gaga, as he … Continue reading

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April 14, 2014 | Permalink | No Comments

April 11, 2014

Congratulations to Professor David White (Seton Hall)

By Michael Moffitt

David White (Seton Hall) was recently named Clinical Professor of the Year at Seton Hall (announcement here) and also accepted a civilian appointment to NYPD Police Commissioner Bill Bratton’s “Reengineering 2014” team.  The group will critically examine many facets of … Continue reading

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April 11, 2014 | Permalink | No Comments

April 10, 2014

An Awesome April Fool’s Prank

By Art Hinshaw

Have your students ever played an April Fool’s Day prank on you?  I’ve been lucky, but Stephen Barrows at Aquinas College, is not so lucky.  His students pulled one for the ages on him based on his class cell phone … Continue reading

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April 10, 2014 | Permalink | No Comments

Followup from ABA Conference: Critical patience and pedagogy

By Jen Reynolds

Last week was the whirlwind ABA Section on Dispute Resolution annual conference in Miami. At the conference, I presented an exercise in “critical patience” designed to promote the kind of deep attention and focus that law school and dispute resolution … Continue reading

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April 10, 2014 | Permalink | 1 Comment

April 8, 2014

Just what we’ve all been waiting for: A negotiation cookbook!

By Andrea Schneider

At a gathering of negotiation teachers held at Marquette late last year, we conducted an exercise which demonstrated wonderfully many different outlooks on negotiation, in a short time and a creative way. We asked all participants to write out their … Continue reading

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April 8, 2014 | Permalink | No Comments

April 7, 2014

Ninth Circuit, FINRA Arbitration and Exchange Act Commands

By Jill Gross

Last week, the Court of Appeals for the Ninth Circuit decided two issues important in the field of securities arbitration — one of which I believe flatly ignores the Securities Exchange Act of 1934, as amended by Dodd-Frank. The case, … Continue reading

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April 7, 2014 | Permalink | No Comments

April 6, 2014

Arizona State Law Wins ABA Representation in Mediation Competition

By Jill Gross

Congratulations to students Alden Anderson and Chelsea Hesla from the Sandra Day O’Connor College of Law at Arizona State University, who won the 2014 American Bar Association Section of Dispute Resolution Representation in Mediation Competition.  The National Finals took place this … Continue reading

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April 6, 2014 | Permalink | No Comments

April 4, 2014

$5.15B Environmental Settlement in Anadarko / Kerr-McGee

By Michael Moffitt

For those law school ADR Evangelists looking for opportunities to woo colleagues from other doctrinal disciplines, the Anadarko / Kerr-McGee settlement yesterday should have you scrambling to talk with your faculty colleagues in Environmental Law and in Bankruptcy. My short … Continue reading

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April 4, 2014 | Permalink | No Comments

April 2, 2014

Works in Progress Conference – Save the Date

By Paul Kirgis

The AALS Section on Alternative Dispute Resolution is delighted to announce that Southwestern Law School will host the Eighth Annual ADR Section Works-in-Progress conference. The conference will take place at Southwestern’s campus in Los Angeles on Friday, November 7 and Saturday, November 8, with … Continue reading

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April 2, 2014 | Permalink | No Comments

March 31, 2014

Zimmerman & Remus on Mass Settlements

By Paul Kirgis

Adam Zimmerman has been doing ground-breaking work on mass settlements for several years now, and he has two new articles, one done with Dana Remus, that extend those investigations into new areas. The first is titled Presidential Settlements, 163 U. Pa. … Continue reading

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March 31, 2014 | Permalink | No Comments

ADR Writing Competitions

By Paul Kirgis

It’s the season of student writing competitions, so I thought I would collect information here for those with students writing papers on ADR topics this spring. I’m aware of the following two competitions specifically devoted to ADR. Please feel free … Continue reading

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March 31, 2014 | Permalink | 1 Comment

March 27, 2014

ACR New Voices Competition

By Andrea Schneider

From Bryan Hanson at the Werner Institute, below is a very interesting opportunity for our students:   Calling all Conflict Specialists newly entering the field  The Association for Conflict Resolutionis announcing the ACR “NEW VOICES- Emerging Professionals” Juried selection for … Continue reading

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March 27, 2014 | Permalink | No Comments

March 26, 2014

Sternlight – Public Justice on Companies’ Use of ‘Bait and Switch’ in Arbitration

By Art Hinshaw

Semi-regular guest blogger Jean Sternlight (UNLV) brings us news from Public Justice’s take on the “bait and switch” going on in consumer arbitration. ———————————– Public Justice, a public interest law firm that has been fighting mandatory consumer and employment arbitration … Continue reading

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March 26, 2014 | Permalink | No Comments

March 25, 2014

Denial of Certiorari in Delaware Chancery Arbitration Case

By Paul Kirgis

The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have … Continue reading

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March 25, 2014 | Permalink | No Comments

March 19, 2014

Happy Belated St. Patricks Day!

By Andrea Schneider

I went to Northern Ireland over spring break to see more about the conflict that we all study (yes, a totally geeky professor thing to do) and it was fascinating.  This blog will mostly be pictures to give you a sense of … Continue reading

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March 19, 2014 | Permalink | 1 Comment

The Science of Wisdom

By Cynthia Alkon

Last week the NY Times published an interesting piece: The Science of Older and Wiser. Just one snippet that I liked (from many): “True personal wisdom involves five elements… They are self-insight; the ability to demonstrate personal growth; self-awareness in … Continue reading

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March 19, 2014 | Permalink | No Comments

March 18, 2014

Nussbaum – Lessons on Language: Ken Cloke’s Dance of Opposites

By Art Hinshaw

Lydia Nussbaum (UNLV) sends this report from Ken Cloke’s recent visit to UNLV’s Saltman Center. ————————— The Saltman Center for Conflict Resolution and the UNLV Boyd School of Law had the pleasure of hosting Ken Cloke on March 3.  He … Continue reading

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March 18, 2014 | Permalink | No Comments

March 17, 2014

National Law Journal on “Sue and Settle” Cases

By Michael Moffitt

Article posted this morning and available here.  First three paragraphs below. As an aside, the environmental attorney cited in the article is an Oregon Law alum.  The more important questions this article raises relate to the availability of attorney fees … Continue reading

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March 17, 2014 | Permalink | No Comments

NLRB files petition for rehearing in D.R. Horton (class arbitration) case

By Sarah Cole

From BNA’s Daily Labor Report: “The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear and reverse a 2-1 panel decision that rejected the NLRB’s position that class … Continue reading

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March 17, 2014 | Permalink | No Comments

March 14, 2014

“Suck it” for $80,000 Alex

By Art Hinshaw

News reports from Florida tell us that confidentiality clauses in settlement agreements are enforceable.  From the opinion in Gulliver Schools, Inc. v. Snay, which can be found here.  And, a tip of the cap to Lowering the Bar ————————– On … Continue reading

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March 14, 2014 | Permalink | No Comments

March 11, 2014

Professor Nancy H. Rogers to Give 2014 Schwartz Lecture at Moritz College of Law on March 25

By Sarah Cole

The 2014 Schwartz Lecture on Dispute Resolution will be given by The Ohio State University Moritz College of Law’s own Nancy Hardin Rogers. She will be presenting on her current project looking at the role of institutions and dispute resolution … Continue reading

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March 11, 2014 | Permalink | No Comments

USNews Dispute Resolution Rankings

By Art Hinshaw

Every year the USNews rankings come out and we love them or hate them depending on whether they favor us or not.  And at least with the USNews specialty rankings, we know they are peer reviewed, so they are more … Continue reading

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March 11, 2014 | Permalink | No Comments

Lande on Advancing Negotiation Theory

By Jen Reynolds

John Lande (Missouri) has posted “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation” on SSRN. The abstract: The prevailing negotiation theory tries to fit lots of square pegs into just … Continue reading

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March 11, 2014 | Permalink | No Comments

March 5, 2014

Non-binding Christian mediation

By Jen Reynolds

The NYT reports today on “the Matthew process,” a form of Biblical dispute resolution based on a passage from the Gospel of Matthew in which Jesus says that disputants should attempt to resolve their dispute privately, and if that doesn’t … Continue reading

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March 5, 2014 | Permalink | 1 Comment