Why American Companies Resolve Disputes Outside of Litigation

On March 8, the National Arbitration Forum blog reported that Fullbright and Jaworski conducted a survey of American companies which revealed that, “in recent years, American companies of all sizes have become less reliant on outside counsel.” See http://arbitration-forum.blogspot.com/2008_03_01_archive.html While the NAF bloggers speculate that the popularity of arbitration may be behind this change, it … Continue reading Why American Companies Resolve Disputes Outside of Litigation

Dispute Systems Design Symposium at Harvard Law School – Part 2

Yesterday, I provided a link to the live blogging going on at the DSD symposium at Harvard Law School, and I erroneously linked only to the blog associated with yesterday afternoon’s panel on DSD in organizational settings.  The live blogging takes place on a session-by-session basis, and the general portal is found at http://blogs.law.harvard.edu/hnmcp/2008/03/03/.  Today’s panels … Continue reading Dispute Systems Design Symposium at Harvard Law School – Part 2

Dispute Systems Design Symposium at Harvard Law School

Today and tomorrow, the Harvard Negotiation Law Review is hosting an enormous symposium exploring various aspects of Dispute Systems Design.My understanding is that they will be posting web-based video of at least some of the presentations, and I will post a link to those when they become available.  I am sitting in the audience, and … Continue reading Dispute Systems Design Symposium at Harvard Law School

Saturday Night Live, Gender Negotiations, and the New “Black”

This week, in what can only be described as exquisite and rare good luck, we discussed gender differences in negotiation in the same week that Tina Fey made a guest appearance on Saturday Night Live. First, for some background, students in my workshop had the Casino case to negotiate out of class in which a … Continue reading Saturday Night Live, Gender Negotiations, and the New “Black”

Customers’ Perceptions of (Un)fairness in Securities Arbitration

Professors Jill Gross and Barbara Black recently submitted Perceptions of Fairness of Securities Arbitration: An Empirical Study to the Securities Industry Conference on Arbitration.  The study is based on survey responses received from customers (comprising approximately 45% of those responding), corporate representatives of securities brokerage firms and persons associated with the firms (22%) and lawyers … Continue reading Customers’ Perceptions of (Un)fairness in Securities Arbitration

Ethical Codes and the Commercial Mediator

At the 2008 AALS Section meeting, Dwight Golann and Ellen Waldman (two of the most thoughtful scholars of mediation ethics I know) presented a talk entitled “Ethical Codes and the Commercial Mediator.” They have graciously agreed to share the powerpoint materials they used in the presentation. (Attached below.) I am hopeful that we may entice … Continue reading Ethical Codes and the Commercial Mediator

Supreme Court Decision in Preston Today!

The question at issue in Preston v. Ferrer, 552 U.S. ___ (February 20, 2008), was whether the Federal Arbitration Act (FAA) preempts state statutes that create primary jurisdiction in a state administrative agency for a dispute arising among parties who have a private arbitration agreement. The Court held, in an unsurprising 8-1 decision, that the … Continue reading Supreme Court Decision in Preston Today!

Supreme Court hears third arbitration case this term: 14 Penn Plaza v. Pyett

The U.S. Supreme Court just granted certiorari in a third arbitration case for this term!! 14 Penn Plaza v. Pyett, — S.Ct. —-, 2008 WL 423540 (U.S.), 76 USLW 3255 (February 19, 2008). The Pyett case will address whether a union-negotiated waiver of employees’ rights to proceed in a judicial forum for federal statutory causes … Continue reading Supreme Court hears third arbitration case this term: 14 Penn Plaza v. Pyett

Imposing Arbitration on the “Big Guys”

Jean Sternlight recently published an article entitled In Defense of Mandatory Binding Arbitration (If Imposed on the Company), 8 Nev. L. J. 82 (2007).  She describes the project as one that she conceived initially as a “lark,” but what emerges is a truly fascinating thought exercise.  Jean’s basic thesis is summarized in the excerpt below.  … Continue reading Imposing Arbitration on the “Big Guys”