Many (aside: why isn’t it all?) of us who teach Negotiation spend at least some time on Rule 8.4 (dishonesty, fraud, deceit, misrepresentation) and its relationship to Rule 4.1 (fraud). The New York City Bar’s committee on ethics just issued an opinion in which it declared that an attorney may attempt to “friend” an unrepresented … Continue reading What? Rule 8.4 means it?!
I am grateful to Paul for restarting this discussion on foreclosure mediation—it is useful to keep revisiting what is working and what is not. The New York Times article is interesting in a number of ways. First, as Paul notes, it confuses the process of mediation with the underlying applicable law. Mediation—voluntary as in our … Continue reading Foreclosure Mediation Take 2?
In a surprising but welcome development, FINRA announced today that it will file a rule proposal next month with the Securities and Exchange Commission to make permanent its Public Arbitrator Pilot Program, in which investors are given the choice of selecting an all-public arbitrator panel in disputes with brokers, rather than a panel made up … Continue reading FINRA Proposes to Make Permanent its Public Arbitrator Pilot Program
If they can do it, why can’t others? Hat tip to TMQ
With the first Monday in October nearly upon us, it will be interesting to see how Justice Sotomayor votes in the Supreme Court’s upcoming arbitration cases, especially the controversial AT & T v. Concepcion. Sotomayor did not participate in Stolt-Nielsen, which produced a 5-3 majority with Ginsburg, Breyer, and the now-retired Justice Stevens in the … Continue reading Sotomayor on Arbitration
Last month, a New York Times published an article on the breakup of a well known matrimonial law firm in New York City. http://www.nytimes.com/2010/08/29/nyregion/29divorce.html?emc=eta1 The article compares this breakup to several of the high profile and messy divorces that the firm has handled. The information in the article certainly echoes the stories we hear in divorce … Continue reading Breaking up is hard, even with practice
This week we discussed plea bargaining in my seminar. I asked students whether they thought that the cost of imprisonment should be a factor in plea negotiations. I posed this question after Sunday’s New York Times reported that Missouri is the first state in the country that requires judges be given information about the costs of … Continue reading Does Cost Matter?
Well folks, finally a good and clear rendition of the prisoner’s dilemma on television. Last week’s finale of The Bachelor Pad featured the two final contestants choosing between sharing the $250000 prize money or trying to keep it for themselves. If both contestants picked “share” they split the prize money. If one picked “keep” and the other … Continue reading Prisoner’s Dilemma on TV
Today’s New York Times includes an article discussing—in less than glowing terms—Nevada’s foreclosure mediation program. The article suggests that the program is slanted toward lenders, because it seems to help relatively few homeowners reach permanent modifications allowing them to retain their houses. I’m not an expert on foreclosure mediation—Andrea and others who run those programs … Continue reading NY Times Skeptical of Foreclosure Mediation
Many refer to elections as the ultimate in peaceful dispute resolution. The international community places great importance on the power of elections to bring change and transition in countries around the world. However, whether this approach makes sense is debated in the democratization community as many question “sequencing” and whether it is better to first … Continue reading Afghanistan adopts the “Chicago Model”
