I just learned that Gary Spitko’s latest article, “Federal Arbitration Act Preemption of State Public-Policy-Based Employment Arbitration Doctrine: An Autopsy and an Argument for Federal Agency Oversight,” has just been published in volume 20 of the Harvard Negotiation Law Review. The article (abstract below) explores the relationship between federal preemption in arbitration and the ability … Continue reading Interesting New Article on FAA Preemption By Gary Spitko
As we kick off the school year (and the election cycle), I thought these two blog posts (1-5 and 6-10) were quite interesting. Here are the top 10 things that public officials do that erode the public trust in them courtesy of the Blog for Building Dialogue. And do note the lovely shout out to the Marquette Law Poll as … Continue reading Public Officials and Trust
This post stimulated a conversation with Peter Benner about planned early dispute resolution (PEDR), beginning with the exchange of comments below. There are six additional posts in this conversation. At the end of each post, there is a link to the next post in the conversation. _______________________________________________________________ Early mediation is a waste of time. This … Continue reading Planning is Critically Important for Early Dispute Resolution
In her post this week, Jean Sternlight argues that the logic of the Supreme Court’s recent decision in Wellness Int’l Network v. Sharif casts doubt on the constitutionality of private mandatory arbitration, at least as applied to consumers and employees. She challenges the insistence by the Court’s pro-arbitration Justices that arbitration does not implicate constitutional rights ecause arbitrators … Continue reading Another View of the Arbitration Cathedral–Further Thoughts on Sharif
A short piece in the New York Times by Harvard economists and Yale psychologists has a suggestion that may surprise you – or maybe not – about people’s motivation to cooperate. The authors focus on the “tragedy of the commons” which is the situation “where individuals acting independently and rationally according to each’s self-interest behave … Continue reading Why Cooperate?
The Center for the Study of Dispute Resolution at the University of Missouri School of Law announced the winners of a law student writing competition held in conjunction with the Missouri Law Review symposium entitled “Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson.” Professor S.I. Strong organized the competition, which asked … Continue reading Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri
Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts. She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes
As I just sent to our listserve as well, I am advising a committee for our state bar about the role of lawyer-mediators in drafting marital settlement agreements. The committee has already reached a consensus that it would like to permit mediators to draft mediation settlement agreements in family law cases. The key question for … Continue reading Lawyer Mediator Drafting of Agreements