September 2, 2014

ADR as a First Career – New Video Blog

By Art Hinshaw

This announcement comes from Alyson Carrel (Northwestern) in the wake of this summer’s discussion about the Next Generation of ADR scholars on the list serv. There has been a lot of discussion on DR list serves about the next generation … Continue reading

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September 2, 2014 in Uncategorized | Permalink | No Comments

Missouri’s Job Announcement

By Art Hinshaw

Below is the hiring announcement from the University of Missouri.  I would be remiss if I didn’t mention what a great opportunity this is.  The folks at Mizzou (both present and past) are great. The University of Missouri School of … Continue reading

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September 2, 2014 in Uncategorized | Permalink | No Comments

August 29, 2014

Detroit Bankruptcy Case – Judge Chastises Attorneys for Claiming Mediator Bias

By Art Hinshaw

In the Detroit bankruptcy case, one of the creditors claimed that the mediators – one of whom is the Chief US District Judge for the Eastern District of Michigan – were biased in favor of some philanthropic creditors.  According to … Continue reading

August 27, 2014

Negotiating the Recline Function on your Airline Seat

By Andrea Schneider

After yesterday’s diverted flight in which a United plane had to land over a dispute regarding someone’s right to recline their seat, I think I see a business opportunity for dispute resolution.  Josh Barro for The Uphot in the New … Continue reading

August 23, 2014

On Jimmy Fallon and Finding Common Ground

By Cynthia Alkon

Forbes recently published an interesting little piece here on why Jimmy Fallon is so liked and successful. Much of the “Jimmy Fallon technique” is basic rapport building while emphasizing the importance of listening. The conclusion of the article is that there … Continue reading

August 22, 2014

Reminder – ABA DR Section Annual Conference Proposals

By Art Hinshaw

Consider this a friendly reminder that the deadline for proposals for the ABA DR Section Spring Conference is September 5th.  The conference itself will take place on April 15-18, 2015 at the Westin hotel in Seattle, Washington.  According to a … Continue reading

August 21, 2014

Second Circuit Holds Forum Selection Clause Trumps FINRA Arbitration Requirement

By Jill Gross

Today, the Second Circuit followed an April 2014 decision by the Ninth Circuit in Goldman Sachs & Co. v. Reno (described here) — and rejected an opposite holding by the Fourth Circuit — and held that a forum selection clause … Continue reading

August 18, 2014

Hat Trick: NHL Adds Arbitration Clause, Class Action Waiver and One-Year Limitations Period to its Consumer Services Agreement

By Jill Gross

Little did I know that I was on NHL.com’s email list.  I guess having a son wild about all things hockey must have had something to do with it.  So you can imagine my surprise on Saturday morning when I … Continue reading

August 14, 2014

“Tell her Capt. Johnson is sorry and he apologizes.”

By Cynthia Alkon

Five days ago, an unarmed eighteen year old, Michael Brown, was killed by a police officer in Ferguson, Missouri.  As is all too commonly the situation, Mr. Brown was African American and the police officer who did the shooting (as … Continue reading

August 13, 2014

FINRA Proposes Bungling “Public” and “Non-Public” Arbitrator Definitions

By Jill Gross

Over the years, to respond to criticism that its arbitrators are biased in favor of the securities industry, FINRA has implemented a series of reforms to its arbitration rules.  It tweaked the definition of “public” and “non-public” arbitrators (the two … Continue reading

August 12, 2014

Negotiating Silicon Valley

By Cynthia Alkon

Forbes recently published an interesting, and discouraging read, on the challenges that women face in Silicon Valley.  See here The author (it is written anonymously) draws a picture of an environment where she regularly has to deal with inappropriate comments … Continue reading

August 8, 2014

The Latest Thinking on Mandatory Arbitration

By Andrea Schneider

As promised Wednesday, I wanted to post about the very interesting discussion panel on mandatory arbitration put together by Hiro Aragaki and Andrea Doneff at SEALS.The format, as I mentioned, was a roundtable in which each person presented their paper … Continue reading

Multi-Stage Negotiation Materials on DRLE Website

By Paul Kirgis

John Lande continues to build out the DRLE website with useful information. The most recent addition is a section of the website devoted to multi-stage simulations, with classroom exercises, role plays, and a variety of other materials for those interested in … Continue reading

August 6, 2014

Live Blog from SEALS

By Andrea Schneider

Sarah Cole can clean you off the tennis court–here’s talking to you Michael Moffitt… Okay, now that I have your attention, let’s turn to how I know this. I am attending SEALS for the first time and I want to … Continue reading

Works-in-Progress Conference Registration

By Paul Kirgis

Registration is now open for the AALS ADR Section’s Eighth Annual Works-in-Progress Conference, which will take place this November at Southwestern Law School in Los Angeles.  The Conference will begin with a welcoming reception hosted by Southwestern on the evening of Thursday,November … Continue reading

August 1, 2014

Second Circuit Adopts Bright-Line Definition of FINRA “Customer” For Arbitration Purposes

By Jill Gross

The circuit courts continue to refine the definition of the term “customer” under FINRA Rule 12200.  A “customer” can compel a broker-dealer to arbitrate a dispute even in the absence of a pre-dispute arbitration agreement.  FINRA does not define “customer,” … Continue reading

July 31, 2014

Mediation, Negotiation and the New York Metropolitan Opera

By Sarah Cole

Erin Archerd tipped me off that the New York Metropolitan Opera and the unions with which it is negotiating collective bargaining agreements, are trying to call in a federal mediator at the last minute to salvage their negotiations. The article … Continue reading

Sternlight – New Executive Order Blocks Mandatory Employment Arbitration

By Art Hinshaw

FOI Jean Sternlight (UNLV) provides us with this guest post on the President’s recent actions on employment arbitration. President Obama today signed a new Fair Pay and Safe Workplaces Executive Order refusing to grant government contracts of over a million … Continue reading

July 17, 2014

FINRA Appoints New Arbitration Task Force

By Jill Gross

FINRA announced today the formation of a new Arbitration Task Force “to consider possible enhancements to its arbitration forum to improve the transparency, impartiality and efficiency of FINRA’s securities arbitration forum for all participants.”  The 13-member Task Force will be … Continue reading

July 11, 2014

Reality TV Discovers Mediation

By Art Hinshaw

Remember when we used to lament the fact that there were no mediation tv shows?  Well we had Fairly Legal which was farcically formulaic and often a bit silly.  Now we have Untying the Knot, a new reality series on … Continue reading

July 10, 2014

A Requirement Without Consequence? Federal Circuit Mediator Conflict Disclosure Case

By Michael Moffitt

The Federal Circuit recently handed down its decision in the CEATS v. Continental case.  If I were teaching Mediation this year, I’d spend some real time on it. Quick summary (oversimplifying for purposes of clarity here): Mediator appointed to patent … Continue reading

July 9, 2014

Securities Arbitration Commentator Launches New Blog

By Jill Gross

For those interested in the field of securities dispute resolution, check out this new blog, just launched by Securities Arbitration Commentator (http://www.sacarbitration.com/blog/). Here is its opening announcement: The Securities Arbitration Commentator (“SAC”) is just delighted to welcome you to our new blog, … Continue reading

June 30, 2014

Mediating International Investment Disputes

By Andrea Schneider

A quick note that Harvard Law Review just published a note this month entitled Mediation of Investor-State Conflicts (Harvard Law Review, June 2014).  It’s very exciting to see this concept hitting the mainstream and the timing is good.  As the current litigation … Continue reading

June 17, 2014

Deliberations, Interrupted

By Michael Moffitt

Last week, the Washington Supreme Court reversed a conviction in State v Lamar on the grounds that jury deliberations must be “full and complete.”  The StoelRives blog noticeofappeal.org summarizes the case this way: In State v. Lamar, the trial court … Continue reading

June 11, 2014

Registration Now Open for Fall 2014 ADR Works in Progress Conference

By Jill Gross

From FOI, Prof. Ron Aronovsky (Southwestern Law) Dear Colleagues: Registration is now open for the AALS ADR Section’s Eighth Annual Works-in-Progress Conference! The Conference:  Southwestern is honored to host this year’s WIP Conference.  The Conference has traditionally provided a welcoming … Continue reading