11th Circuit Confirms that Mediation is not Arbitration

In Advanced Bodycare Solutions, LLC v. Thione International, Inc., No. 07-12309 (11th Cir. April 21, 2008), the Eleventh Circuit ruled that the Federal Arbitration Act could not be used to enforce the parties’ agreement to resolve disputes using mediation or nonbinding arbitration. The Court noted that while the FAA does not define “arbitration”, classic arbitration … Continue reading 11th Circuit Confirms that Mediation is not Arbitration

What Economists Say to Each Other about Settlement

Andrew Daughety and Jennifer Reinganum, two economists from Vanderbilt, recently posted an article on SSRN titled, simply, “Settlement.” I don’t know how it works in the economics literature.  In many areas of the law, insanely short article titles are typically reserved either for those who are unspeakably preeminent or who are the first to a … Continue reading What Economists Say to Each Other about Settlement

EL-ADR (Election ADR): ADR of the future?

My colleague, Ned Foley, contemplates an Amicus Court designed to assist in resolution of election-related disputes. Ned and another colleague, Steve Huefner, are contemplating whether ADR might be useful more broadly to provide mechanisms that would assist parties in avoiding election-related disputes and/or help resolve them more peacefully and with greater buy-in. Let’s Not Repeat … Continue reading EL-ADR (Election ADR): ADR of the future?

Defining Environmental “Conflict Resolution”

If “conflict resolution” happened in a forest, and nobody was around to facilitate it, would it still be “conflict resolution”? In an article in the most recent Conflict Resolution Quarterly, Patricia Orr, Kirk Emerson, and Dale Keyes report on the development of an evaluation framework for conflict resolution practice in environmental and natural resource disputes. … Continue reading Defining Environmental “Conflict Resolution”

Crisis in Dispute Resolution?

This past weekend, the Graduate Program in Dispute Resolution here at Marquette hosted noted scholar Bernie Mayer.  Bernie was mostly speaking about his book, Beyond Neutrality and, on Saturday, was invited in a point-counterpoint format to discuss his arguments with equally well-noted practitioner Howard Bellman.  One point of the discussion was about Bernie’s argument, outlined … Continue reading Crisis in Dispute Resolution?

Rick Bales on Pyett; Commentary by Cole

Interesting and informative post on Pyett v. 14 Penn Plaza from Rick Bales at Workplace Prof Blog. Rick and I participated on a panel on recently decided and to be decided Supreme Court cases at the ABA Section on Dispute Resolution Conference during the first week of April. His post can be found at http://lawprofessors.typepad.com/laborprof_blog/2008/04/pyett-and-arbit.html … Continue reading Rick Bales on Pyett; Commentary by Cole

Ask for It

Many of us were privileged last week at the ABA Section on Dispute Resolution conference in Seattle to hear from Linda Babcock about her new book, Ask for It.  This new book is her answer to her previous work, Women Don’t Ask in which she reviews studies (conducted by herself and others) demonstrating that women … Continue reading Ask for It

Hall Street v. Mattel and “Public Policy”

In one of her blog entries following the Supreme Court’s Hall Street v Mattel decision, Sarah Cole wondered whether the restrictive reading of FAA s10 and s11 left any space for “manifest disregard” and any other judicially-created grounds for arbitral review. Sarah concluded, I think correctly, that manifest disregard appears safe. And as she points … Continue reading Hall Street v. Mattel and “Public Policy”

Dispute Resolution in the Year 2050 (Or Maybe Just 2025)

As the Chair-Elect of the Alternative Dispute Resolution Section of the Association of American Law Schools (AALS), I’m responsible for organizing the Section’s workshop for its annual meeting in January, 2009. I’ve had the good fortune to work with a wonderful group of colleagues (including my fellow bloggers) on this project. We’ve decided on a … Continue reading Dispute Resolution in the Year 2050 (Or Maybe Just 2025)

The Four Ways to Assure Mediator Quality (and why none of them work)

Shameless self-promotion alert! Earlier today, I posted my first draft of an article entitled The Four Ways to Assure Mediator Quality (and why none of them work) I gave a presentation by the same title at Harvard Law School’s Dispute Resolution Forum about six weeks ago, and this draft reflects much of the feedback I … Continue reading The Four Ways to Assure Mediator Quality (and why none of them work)