Ross Runkel mentions the Vaden case at: http://www.lawmemo.com/arbitrationblog/ Both scotusblog and lawmemo have the briefs available at http://www.lawmemo.com/supreme/case/vaden/ and http://www.scotusblog.com/wp/todays-orders-23/. Runkel mentions that the case will not be argued until Fall of 2008.
Lawyers, insurance industry managers, risk managers and human resource managers who make frequent use of private mediation increasingly expect mediators to: Prepare for mediation sessions, which includes holding pre-mediation discussions with counsel (also increasing the likelihood that counsel will be prepared); Permit counsel to have pre-mediation input into the mediation process itself, especially regarding the … Continue reading Repeat Players’ Expectations Regarding Private Civil, Non-Family Mediation
Today, the Supreme Court granted cert in a FOURTH arbitration case. Many years have passed since the Court granted cert in this many arbitration cases. The case, Vaden v. Discover Bank, 07-0773, will answer an important question about federal courts’ jurisdiction over disputes subject to an arbitration agreement that do not raise a federal question … Continue reading A Fourth U.S. Supreme Court Arbitration Case This Year
Jean Sternlight at UNLV recently sent out an announcement that they have just posted webcasts of some of their recent “Peace in the Desert” lectures. http://www.law.unlv.edu/media_Events.html Among the speakers are: John Paul Lederach, Professor of International Peacebuilding, The Joan B. Kroc Institute for International Peacebuilding, University of Notre Dame: “The Moral Imagination: The Art and … Continue reading “Peace in the Desert” Lecture Series Webcasts Now Available
Earlier in the semester, I taught Spaulding v. Zimmerman for the first time in an ethics course versus in a dispute resolution course. And, not completely surprisingly, the frame actually matters. You might remember that Spaulding v. Zimmerman is the case where there is a really nasty car accident. One of the survivors is a … Continue reading Spaulding v. Zimmerman as an Ethics Lesson
On March 8, the National Arbitration Forum blog reported that Fullbright and Jaworski conducted a survey of American companies which revealed that, “in recent years, American companies of all sizes have become less reliant on outside counsel.” See http://arbitration-forum.blogspot.com/2008_03_01_archive.html While the NAF bloggers speculate that the popularity of arbitration may be behind this change, it … Continue reading Why American Companies Resolve Disputes Outside of Litigation
Yesterday, I provided a link to the live blogging going on at the DSD symposium at Harvard Law School, and I erroneously linked only to the blog associated with yesterday afternoon’s panel on DSD in organizational settings. The live blogging takes place on a session-by-session basis, and the general portal is found at http://blogs.law.harvard.edu/hnmcp/2008/03/03/. Today’s panels … Continue reading Dispute Systems Design Symposium at Harvard Law School – Part 2
Today and tomorrow, the Harvard Negotiation Law Review is hosting an enormous symposium exploring various aspects of Dispute Systems Design.My understanding is that they will be posting web-based video of at least some of the presentations, and I will post a link to those when they become available. I am sitting in the audience, and … Continue reading Dispute Systems Design Symposium at Harvard Law School