The SEC approved FINRA’s proposal to ” refine and reorganize the definitions of ‘non-public’ arbitrator and ‘public’ arbitrator.” Customers who file an arbitration claim against a broker dealer or associated person now has the right to an all-public arbitration panel, so the definitions of who fits the two classifications are high stakes. This proposal is misguided, … Continue reading SEC Approves FINRA Proposal to Further Revise Definition of Public and Non-Public Arbitrator
We are in the O’Hare airport ready to go–33 MU law students, my fabulous program coordinator Natalie Fleury, and wonderful MU colleague Chad Oldfather. With Israeli elections in 2 weeks and Netanyahu here in the U.S. this week, we know we are timely! Flying via Vienna for a day and then landing on Saturday morning … Continue reading Live Israel Blog–2015!
From the Daily Labor Report (BNA): “Under directions from the California Supreme Court, the California Court of Appeal Feb. 26 held that class action and arbitration waivers in an agreement between a trash removal company and an employee are enforceable as to the worker’s individual wage and hour claims under state law (Franco v. Arakelian … Continue reading No Surprise — Iskanian Court Enforces Class Action Waiver
FOI Jim Alfini (South Texas) sends this follow up to his announcement of Judge Enslen’s death on the list serv last week. This past week, we lost a pioneer in the modern ADR movement. Judge Richard Enslen passed away at the age of 83. As Chief Judge of the United States District Court for the … Continue reading Alfini on Judge Richard Enslen
I am happy to post this letter from Bernie Mayer announcing his new book. Having read and reviewed the book, I can only repeat what I said before: I LOVE it! Dear Friends and Colleagues: I am pleased to announce that my new book, The Conflict Paradox: Seven Dilemmas at the Core of Disputes, is … Continue reading The Conflict Paradox
I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence
In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action?
Last summer I blogged about Bravo’s divorce mediation tv show Untying the Knot, that follows New Jersey mediator Vikki Ziegler (a Quinnipiac law grad – go Bobcats!) as she assists couples in the divorce process. Even though it really is an Early Neutral Evaluation show, it’s a great classroom tool, which I intend to use … Continue reading Untying the Knot – Returns for 2nd Season