September 29, 2014

Dealing with Different Perceptions of Reality

By Art Hinshaw

Lisa Blomgren Amsler (Indiana) and I are quoted in a recent Indiana Lawyer article entitled Dealing with Differing Perceptions of Reality.  The piece asks the question of whether mediators should be responsible for the disputing parties’ honesty during the mediation … Continue reading

Read More

September 29, 2014 | Permalink | No Comments

September 25, 2014

Police Abuse and Mediation

By Cynthia Alkon

On July 1st of this year, a California Highway Patrol officer was captured on tape beating a woman on the side of a freeway in Los Angeles. Not even three months later there is a mediated resolution of the lawsuit … Continue reading

Read More

September 25, 2014 | Permalink | 3 Comments

Hello

By John Lande

I am thrilled to join my good friends on the Indisputably blog.   I will semi-retire from teaching at the end of this academic year and this seems like a good time for me to start blogging.   I have … Continue reading

Read More

September 25, 2014 | Permalink | 5 Comments

Introducing a New Contributor – John Lande

By Art Hinshaw

John Lande (Missouri) is someone who should need no introduction to readers of this blog as he’s been involved in just about every academic and professional ADR group and initiative over the years. John’s work has touched on so many … Continue reading

Read More

September 25, 2014 | Permalink | No Comments

WIP Conference Registration Deadline Oct. 6

By Paul Kirgis

A final reminder that there is still time to register as a presenter at Eighth Annual  AALS ADR Section Works-in-Progress Conference, which will take place in November at Southwestern Law School in Los Angeles. The WIP Conference has traditionally provided … Continue reading

Read More

September 25, 2014 | Permalink | No Comments

September 22, 2014

“Exceeding Powers”, or Review on the Merits?

By Paul Kirgis

Thanks to Sarah Cole for pointing out a recent decision of the Ohio Supreme Court addressing the thorny question of when a court may vacate an arbitral award on the grounds that the arbitrators exceeded their powers by interpreting the underlying … Continue reading

Read More

September 22, 2014 | Permalink | No Comments

September 18, 2014

Prisoner’s Dilemma Game Show

By Andrea Schneider

In class earlier this week, we rebooted the idea of the prisoner’s dilemma as previously portrayed on The Bachelor Pad (discussed on the Freakonomics Blog and four years ago on this site). This time, the conversation revolved around a British … Continue reading

Read More

September 18, 2014 | Permalink | 1 Comment

September 17, 2014

Social Entrepreneurship, Community Lawyering & Dispute Resolution

By Art Hinshaw

Karen Tokarz (Washington U. – St.Louis) shares information about Wash U’s annual ADR scholarship roundtable, this year entitled Social Entrepreneurship, Community Lawyering & Dispute Resolution.  The lineup looks strong and, as a past participant in this event, my biased view … Continue reading

Read More

September 17, 2014 | Permalink | No Comments

September 9, 2014

The End of Mediation Clinics?

By Art Hinshaw

This summer I was tending to family matters, so I paid no attention to the big news of the passage of the ABA’s Revised Standards for Approval of Law Schools. And once I got back for the beginning of the … Continue reading

Read More

September 9, 2014 | Permalink | No Comments

September 5, 2014

Blankley: Lessons from Auto Racing

By Art Hinshaw

Guest blogger Kristen Blankley (Nebraska) provides the following insights from the recent racing incident involving NASCAR legend Tony Stewart who killed a fellow driver Kevin Ward after Ward’s car crashed and Ward got out of his car and walked onto … Continue reading

Read More

September 5, 2014 | Permalink | No Comments

September 4, 2014

10th Annual Collaborative Law Practice Conference

By Art Hinshaw

The Dallas Bar Association Collaborative Law Section, the Global Collaborative Law Council, the SMU Dedman School of Law, and the Texas Center for Legal Ethics are co-sponsoring the 10th Annual Collaborative Law Practice Conference on October 8-10 at the Belo … Continue reading

Read More

September 4, 2014 | Permalink | No Comments

September 2, 2014

ADR as a First Career – New Video Blog

By Art Hinshaw

This announcement comes from Alyson Carrel (Northwestern) in the wake of this summer’s discussion about the Next Generation of ADR scholars on the list serv. There has been a lot of discussion on DR list serves about the next generation … Continue reading

Read More

September 2, 2014 | Permalink | No Comments

Missouri’s Job Announcement

By Art Hinshaw

Below is the hiring announcement from the University of Missouri.  I would be remiss if I didn’t mention what a great opportunity this is.  The folks at Mizzou (both present and past) are great. The University of Missouri School of … Continue reading

Read More

September 2, 2014 | Permalink | No Comments

August 29, 2014

Detroit Bankruptcy Case – Judge Chastises Attorneys for Claiming Mediator Bias

By Art Hinshaw

In the Detroit bankruptcy case, one of the creditors claimed that the mediators – one of whom is the Chief US District Judge for the Eastern District of Michigan – were biased in favor of some philanthropic creditors.  According to … Continue reading

Read More

August 29, 2014 | Permalink | No Comments

August 27, 2014

Negotiating the Recline Function on your Airline Seat

By Andrea Schneider

After yesterday’s diverted flight in which a United plane had to land over a dispute regarding someone’s right to recline their seat, I think I see a business opportunity for dispute resolution.  Josh Barro for The Uphot in the New … Continue reading

Read More

August 27, 2014 | Permalink | No Comments

August 26, 2014

Aspiring Law Professors Conference – Sept. 27th

By Art Hinshaw

On Saturday Sept. 27th the Sandra Day O’Connor College of Law at Arizona State University will be hosting the 6th Annual Aspiring Law Professors Conference.  The conference is valuable for anyone considering a career as a law professor, but it … Continue reading

Read More

August 26, 2014 | Permalink | No Comments

August 23, 2014

On Jimmy Fallon and Finding Common Ground

By Cynthia Alkon

Forbes recently published an interesting little piece here on why Jimmy Fallon is so liked and successful. Much of the “Jimmy Fallon technique” is basic rapport building while emphasizing the importance of listening. The conclusion of the article is that there … Continue reading

Read More

August 23, 2014 | Permalink | 2 Comments

August 22, 2014

Reminder – ABA DR Section Annual Conference Proposals

By Art Hinshaw

Consider this a friendly reminder that the deadline for proposals for the ABA DR Section Spring Conference is September 5th.  The conference itself will take place on April 15-18, 2015 at the Westin hotel in Seattle, Washington.  According to a … Continue reading

Read More

August 22, 2014 | Permalink | No Comments

August 21, 2014

Second Circuit Holds Forum Selection Clause Trumps FINRA Arbitration Requirement

By Jill Gross

Today, the Second Circuit followed an April 2014 decision by the Ninth Circuit in Goldman Sachs & Co. v. Reno (described here) — and rejected an opposite holding by the Fourth Circuit — and held that a forum selection clause … Continue reading

Read More

August 21, 2014 | Permalink | No Comments

August 18, 2014

Hat Trick: NHL Adds Arbitration Clause, Class Action Waiver and One-Year Limitations Period to its Consumer Services Agreement

By Jill Gross

Little did I know that I was on NHL.com’s email list.  I guess having a son wild about all things hockey must have had something to do with it.  So you can imagine my surprise on Saturday morning when I … Continue reading

Read More

August 18, 2014 | Permalink | No Comments

August 14, 2014

“Tell her Capt. Johnson is sorry and he apologizes.”

By Cynthia Alkon

Five days ago, an unarmed eighteen year old, Michael Brown, was killed by a police officer in Ferguson, Missouri.  As is all too commonly the situation, Mr. Brown was African American and the police officer who did the shooting (as … Continue reading

Read More

August 14, 2014 | Permalink | 1 Comment

August 13, 2014

FINRA Proposes Bungling “Public” and “Non-Public” Arbitrator Definitions

By Jill Gross

Over the years, to respond to criticism that its arbitrators are biased in favor of the securities industry, FINRA has implemented a series of reforms to its arbitration rules.  It tweaked the definition of “public” and “non-public” arbitrators (the two … Continue reading

Read More

August 13, 2014 | Permalink | No Comments

August 12, 2014

Negotiating Silicon Valley

By Cynthia Alkon

Forbes recently published an interesting, and discouraging read, on the challenges that women face in Silicon Valley.  See here The author (it is written anonymously) draws a picture of an environment where she regularly has to deal with inappropriate comments … Continue reading

Read More

August 12, 2014 | Permalink | No Comments

August 8, 2014

The Latest Thinking on Mandatory Arbitration

By Andrea Schneider

As promised Wednesday, I wanted to post about the very interesting discussion panel on mandatory arbitration put together by Hiro Aragaki and Andrea Doneff at SEALS.The format, as I mentioned, was a roundtable in which each person presented their paper … Continue reading

Read More

August 8, 2014 | Permalink | No Comments

Multi-Stage Negotiation Materials on DRLE Website

By Paul Kirgis

John Lande continues to build out the DRLE website with useful information. The most recent addition is a section of the website devoted to multi-stage simulations, with classroom exercises, role plays, and a variety of other materials for those interested in … Continue reading

Read More

August 8, 2014 | Permalink | No Comments