June 3, 2014

Wilcox v. Apraio – the 9th Circuit Sidesteps Mediation Confidentiality Questions

By Art Hinshaw

On Monday, the 9th Circuit handed down its decision in the Wilcox v. Apraio case, a case arising out of the Maricopa County wars – former County Attorney and now gubernatorial candidate Andrew Thomas, with the help of Sheriff Joe … Continue reading

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June 3, 2014 | Permalink | 1 Comment

May 30, 2014

Sunshine in Litigation Act reintroduced

By Michael Moffitt

From this morning’s National Law Journal: Federal lawmakers have renewed legislation that would require judges to consider the public’s interest before agreeing to seal court records about products liability lawsuits with companies.  Sen. Richard Blumenthal, D-Conn., and Sen. Lindsey Graham, … Continue reading

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May 30, 2014 | Permalink | No Comments

May 22, 2014

Quick Tips for Developing Your ADR Career

By Jill Gross

Jeffrey T. Zaino, a Vice President at the American Arbitration Association, offers this guest blog post on developing a career as an ADR neutral: Developing a career as an arbitrator or mediator can be very challenging.  Before you consider moving … Continue reading

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May 22, 2014 | Permalink | No Comments

May 15, 2014

Tales from middle school

By Jen Reynolds

My eighth-grade daughter came home yesterday and told me the following: Each day in English they have homework, a quiz, or a test in class. After finishing, they put away their pencils, take out red pens, and grade their own … Continue reading

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May 15, 2014 | Permalink | No Comments

May 14, 2014

AAA Seeking Law School Clinics to Represent Parties in Arbitration and Mediation

By Jill Gross

I am passing along the following message from Tracey Frisch, Staff Attorney of the American Arbitration Association: Greetings, The AAA is looking to compile a list of law school clinics that would provide legal representation to self-represented parties in AAA … Continue reading

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May 14, 2014 | Permalink | No Comments

May 5, 2014

Boskey Writing Competition

By Andrea Schneider

Dear all, as I just sent out to our listserve as well, it is time to remind you of the Boskey Competition for three reasons–(a) I need your students to submit essays;  (b) you might be right now in the … Continue reading

April 25, 2014

More on FINRA’s Ruling in the Schwab Class Action Waiver Case

By Jill Gross

I blogged yesterday (here) about FINRA’s Board of Governors’ Decision finding that Schwab violated FINRA’s rules by inserting a class action waiver in the PDAA in its customer agreement.  A few additional aspects of the decision are worth mentioning. First, … Continue reading

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April 25, 2014 | Permalink | 1 Comment

ODR Conference in June 2014 at Hastings/Stanford

By Jill Gross

From Ethan Katsh (U Mass): The 2014 International Online Dispute Resolution Conference will be held in Silicon Valley and San Francisco, June 25-27, 2014.  ODR 2014 <http://www.odr2014.org>  will bring together the technology, law and dispute resolution communities, academic researchers, representatives … Continue reading

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April 25, 2014 | Permalink | No Comments

April 24, 2014

FINRA Reverses Hearing Panel in Schwab Enforcement Case: Class Action Waiver Violates FINRA Rules

By Jill Gross

In a stunning but hoped-for result (based on am amicus brief I co-authored in the case), FINRA’s Board of Governors reversed a disciplinary hearing panel decision in the FINRA v Schwab enforcement action. (See some of my previous blog posts … Continue reading

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April 24, 2014 | Permalink | No Comments

April 23, 2014

Strong on Class, Mass, and Collective Arbitration discussed at ITA-ASIL Conference

By Art Hinshaw

Stacie Strong (Missouri) sends this dispatch from the recent Institute of Transnational Arbitration – American Society of International Law (aka ITA-ASIL) conference in Washington D.C. ———————————— The last few years have seen a significant number of judicial opinions concerning class … Continue reading

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April 23, 2014 | Permalink | No Comments

April 21, 2014

General Mills Reverses Course — Comments from Imre Szalai

By Sarah Cole

I learned this morning that General Mills retracted its arbitration policy in the face of considerable criticism. See http://www.nytimes.com/2014/04/20/business/general-mills-reverses-itself-on-consumers-right-to-sue.html?_r=0. Imre Szalai comments on the reversal: “You have probably seen the news that general mills reversed itself this weekend after the … Continue reading

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April 21, 2014 | Permalink | No Comments

April 18, 2014

Booklist from the ABA DR Annual Meeting

By Jen Reynolds

At the recent ABA DR Annual Meeting, we had our second installment of the “What I’m Reading” panel. I promised a reading list from panelists and participants; here it is: Americanah (Chimamanda Ngozi Adichie) Shop Class as Soulcraft: An Inquiry … Continue reading

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April 18, 2014 | Permalink | No Comments

April 17, 2014

Call for papers: Transnational Dispute Management

By Jen Reynolds

The Transnational Dispute Management Journal has issued a Call for Papers for its upcoming special issue on “Dispute Resolution from a Corporate Perspective.” Proposals due no later than July 31, 2014. Details here.

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April 17, 2014 | Permalink | No Comments

Alkon on the Supreme Court and Plea Bargaining

By Jen Reynolds

Cynthia Alkon (Texas A&M) has published “The U.S. Supreme Court’s Failure To Fix Plea Bargaining: The Impact of Lafler and Frye” in the Hastings Constitutional Law Quarterly, available on SSRN here. The abstract: Virtually every criminal conviction in the United … Continue reading

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April 17, 2014 | Permalink | No Comments

General Mills’ Arbitration Clause

By Sarah Cole

I thought some of you might like to see the arbitration clause General Mills has on their website. To find it, you must click on legal terms on their home page. Here are the terms: Legal terms This page contains … Continue reading

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April 17, 2014 | Permalink | No Comments

Should I Keep Eating Cheerios? Food Companies Using Arbitration

By Sarah Cole

The New York Times reported yesterday on a new trend among companies selling food products — the use of arbitration clauses. General Mills reportedly created an arbitration clause that would bind consumers who engaged in certain kinds of activity on … Continue reading

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April 17, 2014 | Permalink | 3 Comments

April 15, 2014

“Don’t Skimp on Legal Training”

By Cynthia Alkon

  That is the title of an op-ed in yesterday’s New York Times written by Carrie Menkel-Meadow and Edwin Chemerinsky.  The op-ed cautions against rushing to fix legal education in ways that may do “more harm than good.”  The full … Continue reading

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April 15, 2014 | Permalink | No Comments

April 14, 2014

Senator Jon Kyl’s 10 Negotiation Lessons

By Art Hinshaw

Recently I had the pleasure of having former US Senator Jon Kyl as a guest speaker in my Negotiation course.  Time magazine recognized Kyl as one of the world’s most influential people in 2010 (along with Lady Gaga, as he … Continue reading

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April 14, 2014 | Permalink | No Comments

April 11, 2014

Congratulations to Professor David White (Seton Hall)

By Michael Moffitt

David White (Seton Hall) was recently named Clinical Professor of the Year at Seton Hall (announcement here) and also accepted a civilian appointment to NYPD Police Commissioner Bill Bratton’s “Reengineering 2014” team.  The group will critically examine many facets of … Continue reading

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April 11, 2014 | Permalink | No Comments

April 10, 2014

An Awesome April Fool’s Prank

By Art Hinshaw

Have your students ever played an April Fool’s Day prank on you?  I’ve been lucky, but Stephen Barrows at Aquinas College, is not so lucky.  His students pulled one for the ages on him based on his class cell phone … Continue reading

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April 10, 2014 | Permalink | No Comments

Followup from ABA Conference: Critical patience and pedagogy

By Jen Reynolds

Last week was the whirlwind ABA Section on Dispute Resolution annual conference in Miami. At the conference, I presented an exercise in “critical patience” designed to promote the kind of deep attention and focus that law school and dispute resolution … Continue reading

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April 10, 2014 | Permalink | 2 Comments

April 8, 2014

Just what we’ve all been waiting for: A negotiation cookbook!

By Andrea Schneider

At a gathering of negotiation teachers held at Marquette late last year, we conducted an exercise which demonstrated wonderfully many different outlooks on negotiation, in a short time and a creative way. We asked all participants to write out their … Continue reading

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April 8, 2014 | Permalink | No Comments

April 7, 2014

Ninth Circuit, FINRA Arbitration and Exchange Act Commands

By Jill Gross

Last week, the Court of Appeals for the Ninth Circuit decided two issues important in the field of securities arbitration — one of which I believe flatly ignores the Securities Exchange Act of 1934, as amended by Dodd-Frank. The case, … Continue reading

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April 7, 2014 | Permalink | No Comments

April 6, 2014

Arizona State Law Wins ABA Representation in Mediation Competition

By Jill Gross

Congratulations to students Alden Anderson and Chelsea Hesla from the Sandra Day O’Connor College of Law at Arizona State University, who won the 2014 American Bar Association Section of Dispute Resolution Representation in Mediation Competition.  The National Finals took place this … Continue reading

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April 6, 2014 | Permalink | No Comments

April 4, 2014

$5.15B Environmental Settlement in Anadarko / Kerr-McGee

By Michael Moffitt

For those law school ADR Evangelists looking for opportunities to woo colleagues from other doctrinal disciplines, the Anadarko / Kerr-McGee settlement yesterday should have you scrambling to talk with your faculty colleagues in Environmental Law and in Bankruptcy. My short … Continue reading

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April 4, 2014 | Permalink | No Comments