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

June 10, 2014

Using technology wisely in the classroom

By Jen Reynolds

From FOI and TG (tech goddess) Alyson Carrel: Many of you might have seen the articles about the new research showing that taking notes by hand is better than taking notes on a laptop. I know many of our law … Continue reading

Fordham hosting the Ninth Annual Fordham Law School Conference on International Arbitration and Mediation

By Art Hinshaw

From FOI Jackie Nolan-Haley The Ninth Annual Fordham Law School Conference on International Arbitration and Mediation will be held in New York City at Fordham Law School on June 12 and 13. The conference will bring together leading arbitrators, mediators, … Continue reading

June 9, 2014

Unconscionability Still Alive and Well?

By Sarah Cole

From BNA Daily Labor Report: “Justices Won’t Review California Ruling on Unconsionability of Wage Hearing Waivers Posted June 09, 2014, 4:01 P.M. ET The U.S. Supreme Court today let stand a California Supreme Court decision that a lower court may … Continue reading

June 7, 2014

How will tomorrow’s lawyer compete with technology?

By Jen Reynolds

From FOI Alyson Carrel: In the article Machines v. Lawyers, Northwestern Law Professor John McGinnis argues that the advancement of technology and ability of machines to complete more complicated tasks is the blame for our recent decline in law school … Continue reading

June 3, 2014

Wilcox v. Apraio – the 9th Circuit Sidesteps Mediation Confidentiality Questions

By Art Hinshaw

On Monday, the 9th Circuit handed down its decision in the Wilcox v. Apraio case, a case arising out of the Maricopa County wars – former County Attorney and now gubernatorial candidate Andrew Thomas, with the help of Sheriff Joe … Continue reading

May 30, 2014

Sunshine in Litigation Act reintroduced

By Michael Moffitt

From this morning’s National Law Journal: Federal lawmakers have renewed legislation that would require judges to consider the public’s interest before agreeing to seal court records about products liability lawsuits with companies.  Sen. Richard Blumenthal, D-Conn., and Sen. Lindsey Graham, … Continue reading

May 22, 2014

Quick Tips for Developing Your ADR Career

By Jill Gross

Jeffrey T. Zaino, a Vice President at the American Arbitration Association, offers this guest blog post on developing a career as an ADR neutral: Developing a career as an arbitrator or mediator can be very challenging.  Before you consider moving … Continue reading

May 15, 2014

Tales from middle school

By Jen Reynolds

My eighth-grade daughter came home yesterday and told me the following: Each day in English they have homework, a quiz, or a test in class. After finishing, they put away their pencils, take out red pens, and grade their own … Continue reading

May 14, 2014

AAA Seeking Law School Clinics to Represent Parties in Arbitration and Mediation

By Jill Gross

I am passing along the following message from Tracey Frisch, Staff Attorney of the American Arbitration Association: Greetings, The AAA is looking to compile a list of law school clinics that would provide legal representation to self-represented parties in AAA … Continue reading

May 5, 2014

Boskey Writing Competition

By Andrea Schneider

Dear all, as I just sent out to our listserve as well, it is time to remind you of the Boskey Competition for three reasons–(a) I need your students to submit essays;  (b) you might be right now in the … Continue reading

April 25, 2014

More on FINRA’s Ruling in the Schwab Class Action Waiver Case

By Jill Gross

I blogged yesterday (here) about FINRA’s Board of Governors’ Decision finding that Schwab violated FINRA’s rules by inserting a class action waiver in the PDAA in its customer agreement.  A few additional aspects of the decision are worth mentioning. First, … Continue reading

ODR Conference in June 2014 at Hastings/Stanford

By Jill Gross

From Ethan Katsh (U Mass): The 2014 International Online Dispute Resolution Conference will be held in Silicon Valley and San Francisco, June 25-27, 2014.  ODR 2014 <http://www.odr2014.org>  will bring together the technology, law and dispute resolution communities, academic researchers, representatives … Continue reading

April 24, 2014

FINRA Reverses Hearing Panel in Schwab Enforcement Case: Class Action Waiver Violates FINRA Rules

By Jill Gross

In a stunning but hoped-for result (based on am amicus brief I co-authored in the case), FINRA’s Board of Governors reversed a disciplinary hearing panel decision in the FINRA v Schwab enforcement action. (See some of my previous blog posts … Continue reading

April 21, 2014

General Mills Reverses Course — Comments from Imre Szalai

By Sarah Cole

I learned this morning that General Mills retracted its arbitration policy in the face of considerable criticism. See http://www.nytimes.com/2014/04/20/business/general-mills-reverses-itself-on-consumers-right-to-sue.html?_r=0. Imre Szalai comments on the reversal: “You have probably seen the news that general mills reversed itself this weekend after the … Continue reading

April 18, 2014

Booklist from the ABA DR Annual Meeting

By Jen Reynolds

At the recent ABA DR Annual Meeting, we had our second installment of the “What I’m Reading” panel. I promised a reading list from panelists and participants; here it is: Americanah (Chimamanda Ngozi Adichie) Shop Class as Soulcraft: An Inquiry … Continue reading

April 17, 2014

Call for papers: Transnational Dispute Management

By Jen Reynolds

The Transnational Dispute Management Journal has issued a Call for Papers for its upcoming special issue on “Dispute Resolution from a Corporate Perspective.” Proposals due no later than July 31, 2014. Details here.

Alkon on the Supreme Court and Plea Bargaining

By Jen Reynolds

Cynthia Alkon (Texas A&M) has published “The U.S. Supreme Court’s Failure To Fix Plea Bargaining: The Impact of Lafler and Frye” in the Hastings Constitutional Law Quarterly, available on SSRN here. The abstract: Virtually every criminal conviction in the United … Continue reading

General Mills’ Arbitration Clause

By Sarah Cole

I thought some of you might like to see the arbitration clause General Mills has on their website. To find it, you must click on legal terms on their home page. Here are the terms: Legal terms This page contains … Continue reading