Don’t you hate it when you want to go to two or three conference programs scheduled at the same time? Or if you miss a great program because you can’t go to the conference at all? Or, after you get home from a conference, you can’t remember some great insights you had there? The ABA … Continue reading Young Scholars Reports on ABA Conference Programs
Lara Fowler (Penn State) sent the following announcement: The Environmental Dispute Resolution (EDR) Program is hiring a Mediator who will be responsible for supporting existing program activities and developing new projects. We seek someone with significant experience in conflict resolution and consensus building, as well as expertise in training and capacity building. Ideally, the new … Continue reading Job Announcements for Two Dispute Resolution Positions
We want you to remind about an important and highly interactive international dispute resolution conference taking place on June 18-19, 2019 in Malibu, California. The conference is entitled “Appreciating Our Legacy and Engaging the Future.” It is particularly designed for dispute resolution practitioners, faculty, and leaders to address current issues and to learn from each … Continue reading Appreciating Our Legacy and Engaging the Future – Pepperdine School of Law, June 18 and 19
Amy Cohen (Ohio State), a talented polymath, shared with us the following discussion, first appearing on the Law and Political Economy blog, about how restorative justice is being adopted by penal system reformers on both sides of the political divide. She was kind enough to send it our way for cross-posting. Today, groups of left … Continue reading Cohen on Restorative Justice and Moral Neoliberalism
Canadian mediator Rick Weiler wrote a post on the Kluwer Mediation Blog raising concerns about whether predominant model of commercial mediation using a single three- or six-hour session promotes good decision-making by litigants. He wrote: The current commercial mediation model handed down over the past 30 years is working just fine for lawyers and … Continue reading Planning for Good Quality Decision-Making in Mediation Using PETSM
One of the my professional service activities is to be a member of the Committee on Mediator Ethical Guidance, which issues advisory opinions on mediation ethics issues using the Model Standards of Conduct for Mediators. The Committee always seeks queries on ethical matters, but with the problems surrounding the ABA’s new web site a formal … Continue reading Committee on Mediator Ethical Guidance seeks queries
During the past two years, did you have the same reaction as I often did – that President Trump’s lawyers must have been constantly pulling their hair out when they learned about some of his tweets and decisions? There’s a popular assumption that lawyers and clients generally are in sync, but we know that often … Continue reading Client From Hell
Hi all–I talked about this at the ABA meeting resource share but also wanted to blog about this in a little more detail. Apologies for the length–do reach out if you are interested in learning more and I’d be happy to walk you through what I did. In short, this was totally worth it and … Continue reading Team Based Learning in ADR
From FOI Alyson Carrel: Check out Amazon’s new system for resolving patent infringement disputes. According to the article: For a $4,000 deposit, the program will match a seller claiming infringement and the accused merchant with a neutral, third-party lawyer. If the accused party doesn’t respond to claims that it violated the seller’s utility patent — … Continue reading Amazon Patent DSD
This sounds like another one of my dumb questions. It arose again for me at the ABA conference when many folks affectionately said that I am one of the busiest retired people they know. The question reflects a common assumption of a false dichotomy between working and not working. Rather than being a simple binary … Continue reading What is Retirement?
Continuing my tradition, I took photos of folks at the recent ABA Section of Dispute Resolution conference. You can click here to see the photo collections I previously posted, along with an explanation of what they represent. Below are pictures from the conference, which are limited to shots (1) of people with whom I happened … Continue reading Photo Album: 2019 ABA SDR Conference
Today, the Supreme Court somewhat expanded its view that silent arbitration agreements that make no mention of class proceedings, cannot be interpreted as permitting class actions in arbitration. In Lamps Plus Inc. v. Varela, the Court reversed a Ninth Circuit decision holding that an ambiguous agreement can be interpreted to permit a class arbitration. Accepting … Continue reading Supreme Court Decides Lamps Plus v. Varela: No Surprises Here