March 17, 2014

National Law Journal on “Sue and Settle” Cases

By Michael Moffitt

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 … Continue reading

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March 17, 2014 | Permalink | No Comments

NLRB files petition for rehearing in D.R. Horton (class arbitration) case

By Sarah Cole

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 … Continue reading

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March 17, 2014 | Permalink | No Comments

March 14, 2014

“Suck it” for $80,000 Alex

By Art Hinshaw

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 … Continue reading

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March 14, 2014 | Permalink | No Comments

March 11, 2014

Professor Nancy H. Rogers to Give 2014 Schwartz Lecture at Moritz College of Law on March 25

By Sarah Cole

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 … Continue reading

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March 11, 2014 | Permalink | No Comments

USNews Dispute Resolution Rankings

By Art Hinshaw

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 … Continue reading

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March 11, 2014 | Permalink | No Comments

Lande on Advancing Negotiation Theory

By Jen Reynolds

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 … Continue reading

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March 11, 2014 | Permalink | No Comments

March 5, 2014

Non-binding Christian mediation

By Jen Reynolds

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 … Continue reading

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March 5, 2014 | Permalink | 1 Comment

Carrel: Reflections on Restorative Justice in the Gutierrez case

By Art Hinshaw

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 … Continue reading

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March 5, 2014 | Permalink | 2 Comments

March 3, 2014

ADR Prof Mount Rushmore

By Art Hinshaw

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.  … Continue reading

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March 3, 2014 | Permalink | 1 Comment

March 1, 2014

HBS Prof. Mike Wheeler’s Top 7 Negotiation Books List

By Michael Moffitt

Appeared on 250words.com last week.  Available here.  Mostly familiar names.  Some less so.  Wouldn’t be my list, but then, that’s what makes it interesting… MM

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March 1, 2014 | Permalink | 1 Comment

February 27, 2014

Bargaining with Consequences

By Paul Kirgis

I’ll be presenting my article Bargaining with Consequences: Leverage and Coercion in Negotiation tomorrow (Friday, February 27, 2014) at the Quinnipiac-Yale Dispute Resolution Workshop at Quinnipiac University School of Law. Here’s the abstract to the article, which will be published later … Continue reading

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February 27, 2014 | Permalink | 1 Comment

Profs. Frenkel and Stark Win CPR Outstanding Scholarly Article Award

By Jill Gross

Profs. Doug Frenkel’s (UPenn) and Jim Stark’s (UConn) recent article Changing Minds: The Work of Mediators and Empirical Studies of Persuasion, 28 Ohio State J. Dispute Resol. 263-352 (2013), has been selected as the outstanding scholarly article of 2013 by the International Institute … Continue reading

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February 27, 2014 | Permalink | 1 Comment

February 25, 2014

Moritz College of Law Professor Nancy H. Rogers wins CPR’s James F. Henry Award for Distinguished Contribution to Dispute Resolution

By Sarah Cole

I am very pleased to share that my colleague and co-author Nancy Hardin Rogers was honored with the prestigious James F. Henry Award from the International Institute for Conflict Prevention & Resolution (CPR). As many of you know, the institute … Continue reading

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February 25, 2014 | Permalink | 1 Comment

February 24, 2014

When children are being sacrificed, why is love a crime?

By Cynthia Alkon

  I spent two days at the end of last week attending a conference at the Regent University School of Law on Promoting the Rule of Law in East Africa.  The conference was well organized and included an impressive list … Continue reading

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February 24, 2014 | Permalink | No Comments

February 23, 2014

Dropbox adds Arbitration Clause to its Terms of Service

By Jill Gross

I have a Dropbox account and use it to store a lot of my cloud-based documents. Dropbox emailed its users late last week, announcing changes to its Terms of Service, including the addition of an arbitration clause.  Notably, the clause … Continue reading

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February 23, 2014 | Permalink | 1 Comment

February 20, 2014

Draft California ethics opinion would define acceptable “puffery” in negotiations

By Michael Moffitt

I’m not sure I’m surprised by the contents. Depends on how optimistic I was feeling before I read the draft.  Available at bit.ly/1ma8X3S TOTH: John Steele (@JohnSteele2225) via Twitter    

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February 20, 2014 | Permalink | No Comments

February 18, 2014

Oregon Law seeking ADR Program Director

By Jen Reynolds

Colleagues — the University of Oregon School of Law is seeking a Program Director for our nationally ranked ADR Center. The position description is here. Please do not hesitate to contact me if you would like any additional information. And … Continue reading

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February 18, 2014 | Permalink | No Comments

February 13, 2014

ASU Legal Scholars Conference – March 14 and 15, 2014

By Art Hinshaw

Have you been a law prof for less than 10 years?  Got a paper you’d like to have workshopped?  Want to enjoy some great Phoenix weather and catch a spring training ball game?  If you can answer three of those … Continue reading

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February 13, 2014 | Permalink | No Comments

February 11, 2014

Highlights of the Northern California ADR Faculty Conference

By Art Hinshaw

Sheila Purcell (Hastings) provides this synopsis of the Northern California ADR Faculty Conference which Hastings hosted on February 1st.  Sounds like it was a fantastic event. On February 1, 2014  the UC Hastings Center for Negotiation and Dispute Resolution and … Continue reading

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February 11, 2014 | Permalink | No Comments

February 6, 2014

Legal+Tech+Design on Plea Bargaining

By Michael Moffitt

From Twitter: (@LegalTechDesign). Plea Agreement Project ift.tt/NaNUlM pic.twitter.com/sHPWHGISU8

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February 6, 2014 | Permalink | No Comments

Nappert Prize in International Arbitration

By Art Hinshaw

From Stacie Strong via the list serv. McGill University is pleased to host the Nappert Prize in International Arbitration, which is open to all students, junior scholars and junior practitioners from around the world. To be eligible for the prize, … Continue reading

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February 6, 2014 | Permalink | No Comments

February 4, 2014

Check out the Transnational Dispute Management Journal

By Jen Reynolds

The Transnational Dispute Management (TDM) Journal announces its new volume, Reform of Investor-State Dispute Settlement: In Search of a Roadmap. From the TDM publisher: TDM focuses on the forms, methods, strategies and implications of transnational dispute management: commercial and investment … Continue reading

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February 4, 2014 | Permalink | No Comments

ABA DR Section Survey on Gender Differences

By Andrea Schneider

Hi all–as many of you know, the ABA Section on Dispute Resolution conducted a survey last year of its lawyer members and the results are in!  The report by Gina Brown and myself can be found here.  Our abstract is … Continue reading

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February 4, 2014 | Permalink | No Comments

January 30, 2014

Call for Proposals – 2014 Works in Progress Conference

By Paul Kirgis

Request for Proposals Hosting the AALS Alternative Dispute Resolution Section 2014 Works-in-Progress Conference  The AALS Alternative Dispute Resolution Section is seeking a host for the 8th Annual Works-in-Progress Conference to take place in the fall of 2014.  The WIP Conference … Continue reading

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January 30, 2014 | Permalink | No Comments

January 29, 2014

Ohio State Journal on Dispute Resolution Symposium on Special Education and Dispute Resolution

By Sarah Cole

I wanted to let our readership know that the Ohio State Journal on Dispute Resolution will be holding its annual symposium next month, this time focusing on Dispute Resolution in Special Education. The symposium will take place at the Moritz … Continue reading

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January 29, 2014 | Permalink | No Comments