In about a week, Russ Feingold will be visiting the University of Oregon. Most in the ADR community know Feingold best for his work promoting the Arbitration Fairness Act in the Senate for many years. This is not a “yay for us” posting. This is an “I need help” posting.
As part of Senator Feingold’s visit, he has agreed to spend an hour or so with ADR-interested faculty and students. The format of the time is not a pre-planned speech. Instead, I’m to interview him (or at least ask a bunch of questions that create direction and focus for the conversation). The title of the talk is “A Candid Conversation with Russ Feingold: Arbitration Fairness and the Prospects for Reform.” (Details here.)
Here’s where the request comes in. I have a handful of obvious things I would certainly imagine asking him. But I would really, really (REALLY) value others’ suggestions or thoughts about questions that you think would be helpful or interesting. If you have any ideas, please drop them in the comments box below or shoot me an email.
Many, many thanks in advance for your help.
MM
So nu? What did you ask, Michael, and what did he say?
I want to know why the draft AFA includes securities arbitration within its scope, given that the SEC regulates the fairness of securities arbitration and Congress, in Sarbanes-Oxley, authorized the SEC to review the process to ensure investors are protected.
Hi! We had a great talk with him last week so I would definitely be looking forward to this (will post separately once I get some nice pictures.) We did not talk much about the Arbitration Fairness Act and I know he is very proud of that so I would start there….
Piggybacking on Kristen’s comments, I would ask whether he regrets not trying another alternative approach – regulating the arbitration process in consumer, employment etc. cases by enacting some kind of due process requirements. I gather that AFA proponents adamantly rejected that idea in 2009-10 and I wonder if he would try that approach if he had the chance to try again.
I assume that part of the problem was that many business interests opposed the AFA. These interests support both Democrats and Republicans. Unless the campaign finance system drastically reduces the influence of such interests, is there a realistic prospect of enacting the AFA?
I would ask for his opinion on Mediator misconduct and the unauthorized practice of law by mediators who are not licensed attorneys. justiceforisla.wordpress.com
You might consider asking him why the wide-spanning AFA is the best way to deal with consumer and employment arbitrations, as opposed to dealing with arbitration on an industry-by-industry basis. The sweeping nature of the AFA is likely the biggest political challenge. In contrast, Congress has passed more narrowly-tailored bills prohibiting pre-dispute arbitration in contracts dealing with defense contractors and commercial mortgages, and Congress is now considering a similar approach in the area of consumer cell phone services.
I would be interested in knowing why Congress is still pursuing the AFA given all of its political difficulties and the relative success in dealing with the exact same issue on a smaller scale in specific industries.
For a change of pace, how about asking him about civil discourse related questions and congress. For example, do the members believe there is a problem that can be solved, or is it a nature of the beast? If there is a problem, or even a belief among constituents, what could be done to solve the problem?