Lydia Nussbaum (UNLV) sends this report from Ken Cloke’s recent visit to UNLV’s Saltman Center. ————————— The Saltman Center for Conflict Resolution and the UNLV Boyd School of Law had the pleasure of hosting Ken Cloke on March 3. He spoke to an audience of more than 80 people that included students, faculty, attorneys, and … Continue reading Nussbaum – Lessons on Language: Ken Cloke’s Dance of Opposites
Article posted this morning and available here. First three paragraphs below. As an aside, the environmental attorney cited in the article is an Oregon Law alum. The more important questions this article raises relate to the availability of attorney fees in a wide range of contexts in which fee-shifting is an important settlement dynamic. MM … Continue reading National Law Journal on “Sue and Settle” Cases
From BNA’s Daily Labor Report: “The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear and reverse a 2-1 panel decision that rejected the NLRB’s position that class and collective action waivers in an employer’s mandatory arbitration policy interfered with employee rights under … Continue reading NLRB files petition for rehearing in D.R. Horton (class arbitration) case
News reports from Florida tell us that confidentiality clauses in settlement agreements are enforceable. From the opinion in Gulliver Schools, Inc. v. Snay, which can be found here. And, a tip of the cap to Lowering the Bar ————————– On November 3, 2011, the parties executed a general release and a settlement agreement for full … Continue reading “Suck it” for $80,000 Alex
The 2014 Schwartz Lecture on Dispute Resolution will be given by The Ohio State University Moritz College of Law’s own Nancy Hardin Rogers. She will be presenting on her current project looking at the role of institutions and dispute resolution providers in reducing polarization in public conflicts. Public institutions fund interventions by dispute resolution practitioners … Continue reading Professor Nancy H. Rogers to Give 2014 Schwartz Lecture at Moritz College of Law on March 25
Every year the USNews rankings come out and we love them or hate them depending on whether they favor us or not. And at least with the USNews specialty rankings, we know they are peer reviewed, so they are more telling than the overall law school rankings. So – without any further ado, here are … Continue reading USNews Dispute Resolution Rankings
John Lande (Missouri) has posted “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation” on SSRN. The abstract: The prevailing negotiation theory tries to fit lots of square pegs into just two round holes – adversarial or cooperative bargaining. In the real world, negotiation comes in … Continue reading Lande on Advancing Negotiation Theory
The NYT reports today on “the Matthew process,” a form of Biblical dispute resolution based on a passage from the Gospel of Matthew in which Jesus says that disputants should attempt to resolve their dispute privately, and if that doesn’t work to bring “one or two others” into the process. The particular dispute covered in … Continue reading Non-binding Christian mediation
FOI Alyson Carrel (Northwestern) sends this reflection on the recent events in the case of Jewlyes Gutierrez. —————————- This past week, Jewlyes Gutierrez, a transgender teen who was charged with misdemeanor battery after getting into a fight with three other girls who had allegedly been bullying her for weeks, was offered the chance to use … Continue reading Carrel: Reflections on Restorative Justice in the Gutierrez case
There’s recently been a lot of discussion of who should be on the “Mount Rushmore” of sports which has resulted in lots of interesting discussion. And recently Paul Caron did something similar for tax professors over on the TaxProf blog. In that vein, I thought it would be fun to come up with a Mount … Continue reading ADR Prof Mount Rushmore
