See http://www.competitionnotconflict.com/. Unless you’re Andrea.
So in the glory of my team winning for the Super Bowl, I have been reflecting again on how sports teams operate in the modern era. It really is approved warfare–with war paint, team colors, and adrenaline all included. Sports allows you to be part of a group–and scream loudly about your superiority–in a way that is socially … Continue reading Steelers Rock (and You Don’t)
The Second Circuit ruled today that a class action arbitration waiver contained in credit card agreement was unenforceable. See In Re: American Express Merchants’ Litigation, No. 06-871 (2d Cir. 2009). The relevant part of the arbitration agreement stated: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL … Continue reading Second Circuit Refuses to Enforce Class Action Waiver in Arbitration Agreement
A federal district court in New Jersey held that a class action arbitration waiver contained in an arbitration agreement between a consumer and a business is enforceable even though the state court had held that such waivers are unconscionable. Litman v. Cellco Partnership, No. 07-CV-4886 (2008). See http://www.wileyrein.com/docs/docs/215.pdf The federal court found that the Federal … Continue reading Class Action Arbitration Waiver in Consumer Contract Enforceable
At AALS in early January, a number of us were on a panel musing about the future of dispute resolution writ large and then the impact that technology and other changes were going to have on legal education. This is John’s follow-up to that panel and I invite you to use the comments to expand … Continue reading The Future of DR Legal Education from John Lande
Yesterday evening, John Lande sent around the following email on the AALS listserve: Doug Yarn has a desperate need for “outlandish mediation techniques” that worked. If you can help, please let him know as soon as possible — email him at firstname.lastname@example.org This got me thinking–first, if you do have any good ideas and you … Continue reading Outlandish Mediation Techniques?
I am delighted to post here a guest blog from Carrie Menkel-Meadow: On the eve of the Israeli bombing of Hamas sites in Gaza, I returned from the most recent of two trips to Israel and the West Bank. My mission, as a conflict resolution expert, practitioner and teacher, is to facilitate learning about conflict. My work … Continue reading When Will They Every Learn? by Carrie Menkel-Meadow
As we begin to dive into the Spring semester, you’ll find yourself thinking about making flight reservations for the ABA Dispute Resolution Section’s Annual Meeting in April. We want you to know about a new program we’re testing out: Law Professors’ Teaching Forum: Mediation Shop Talk. It will be held on Saturday April 18, from … Continue reading Calling All Mediation Professors – Your Plans for the ABA DR Section’s 2009 Annual Meeting