Alan Scott Rau recently posted his critique of the Supreme Court’s Hall Street Associates v. Mattel decision. Perhaps, though, to call the article, entitled “Fear of Freedom,” a “critique” is to understate the fervency of Rau’s views. It’s more like a well-organized, carefully-crafted rant. Using words like “deeply unsatisfactory,” “appall[ing],” “hesitant and muddy,” and “grotesque,” … Continue reading The Hall Street Decision – Professor Rau’s Rant
The New York Times yesterday had a front page article on how doctors have discovered that saying “I’m sorry” for medical mistakes makes a lot of sense. There is part of me that says “It’s about time!” Many of us in the field have known about this phenomenon for some time based on the research … Continue reading I’m Sorry Actually Works
I just read the recently-posted, to-be-published-somewhere empirical study of the use of ADR in the federal government in the late 1990s. Entitled, Dispute Resolution and the Vanishing Trial: Comparing Federal Government Litigation and ADR Outcomes, the study’s authors include Lisa Bingham, Tina Nabatchi, Jeff Senger, and Michael Scott Jackman. Their abstract reads: This study compares … Continue reading ADR: The Federal Government’s Experience
John Gradwohl of the University of Nebraska is conducting research about “peer” arbitrations — which he defines as “situations where the parties themselves want to have a system in which their participants make a binding determination of a dispute rather than bring in a third party decider.” He recently posted a request for information on … Continue reading “Peer” Arbitration – Request for Information
Penn Plaza filed its merits brief in the Pyett case on May 5, 2008. For the brief, see http://www.abanet.org/publiced/preview/briefs/unscheduled.html In the brief, Penn Plaza argues that the Federal Arbitration Act does not treat individual arbitration agreements differently than agreements negotiated collectively. As a result, statutory authority does not support the Second Circuit’s decision. According to … Continue reading Penn Plaza Argues for Enforcement of Arbitration Agreement in Merits Brief
David Hoffman published an op-ed yesterday in the Christian Science Monitor about why it might have been a good idea to mediate the deal between Microsoft and Yahoo rather than watching it fall apart. As David writes, “When Microsoft CEO Steve Ballmer met with Yahoo CEO Jerry Yang earlier this month, what kept them from … Continue reading Mediating Between Microsoft and Yahoo?
I’m wondering if anyone can point me to a specific example of duress being used successfully as the basis for avoiding an arbitration agreement. I’ve seen plenty of examples of cases in which it has been argued unsuccessfully. And I’ve seen examples of cases in which it was one of a laundry list of grievances, … Continue reading Duress as a basis for avoiding an arbitration agreement?
So, in the middle of grading this week, I’ve been interviewing research assistants for the summer. Each candidate had to come to the interview with a negotiation story and a lawyer joke (mostly for the purposes of cheering me up during grading!) The following joke is the winner and also a great argument for why … Continue reading Lawyer Jokes & Mediation Confidentiality