In a recent case, Matarrazo v. L.R. Royal, Inc., a New York court said “No.” The employer was a mortgage broker, and the employee was hired as a mortgage sales manager. The employee’s attorney drafted the arbitration clause, which provided that the parties split the costs of arbitration, with an important caveat: the employee’s share … Continue reading Can Costs of Employment Arbitration Be Unfair to Employer? →

Hint: The rule isn’t really anti-ADR, even though some ADR practitioners may see it that way. In fact, the rule represents a fantastic step forward for the idea that disputants ought to have considerable control over the process(es) by which their disputes are resolved. In this particular case, the state of Oregon has adopted a … Continue reading Why This ADR Professor Loves a New Anti-ADR Rule →

Professor Ben DePoorter recently published an article, “Law in the Shadow of Bargaining: The Feedback Effect of Civil Settlements”, 95 Cornell L. Rev. 957 (2010), (essay pdf here) exploring the implications of selective disclosure or selective availability of private settlements.  Its abstract: Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important … Continue reading “Did You Hear About The Settlement Where…?” →

Below is a call for papers from the International Economic Law Interest Group of the ASIL.  Recently the group has focused more and more on dispute resolution–both consensual and arbitration–as an issue of economic law and so I think there could well be DR professors whose work falls squarely in this field.  Having started early on … Continue reading Call for Papers–International Economic Law →

Once in a while I get listings for ADR jobs, and I send them along to people who might be interested.  This one for an ombuds at the World Bank crossed my desk this morning and caught my eye.  If you’re interested in workplace conflict resolution, this is for you.  Here’s a link to the job … Continue reading Job Opportunity – Ombuds at the World Bank →

The ABA’s Dispute Resolution Section has just issued its Call for Proposals for the Section’s annual meeting, which is scheduled for April 13-16, 2011 in Denver.  Below is a small excerpt. The ABA Section of Dispute Resolution invites you to propose a program for the 2011 Spring Conference.  The Section’s Spring Conference is the premiere national event for … Continue reading Call for Proposals – ABA Dispute Resolution Section Annual Meeting →

For more than a decade, online dispute resolution has hovered above the legal and DR communities, posing both a threat to human DR professionals and the promise of radically more efficient dispute resolution systems. Cybersettle has been the tangible tip of the otherwise evanescent ODR spear—a success story of online dispute resolution playing a role … Continue reading Cybersettle and the Value of Online Dispute Resolution →

The American College of Civil Trial Mediators has issued a call for papers for its publication, the American Journal of Mediation.  Specifically the call states: The Editorial Board is accepting articles for publications from law professors and law students and others involved in conflict and dispute resolution.  Additional information, format requirements, and submission details can be … Continue reading Call for Papers – American Journal of Mediation →

As one of my final posts about Kosovo, I thought that some readers might be interested in a snapshot of what life is like for law professors in Europe’s newest state.    If you taught a first year course at the main public university in the capital of Pristina you would enjoy classes of nearly 1000 … Continue reading If you taught at a law school in Kosovo… →

The deadline was recently extended for those interested in presenting at the upcoming Empirical Legal Sutdies Conference.  The announcement is below: The Conference on Empirical Legal Studies 2010 of the Society for Empirical Legal Studies (SELS) will be held at the Yale Law School, in New Haven, Connecticut, on Friday, November 5 and Saturday, November … Continue reading Empirical Legal Studies Conference →