The Oregon Law Review is doing a call for papers for a special ADR-themed issue — “ADR for the Masses” — that addresses some of the challenges and issues inherent in using appropriate/alternative dispute resolution processes in large-scale contexts, including mass torts, mass settlements, collaborative governance, and organizational DSD (not an exhaustive list). The call for … Continue reading Call for Papers – ADR and the Masses
As one would expect, it’s a big day at Indisputably when the Supreme Court issues another arbitration opinion. UNLV law prof and FOI (Friend of Indisputably) Jean Sternlight adds to the analysis. – – – – – – – – – – – – – – – – I mostly agree with Paul Kirgis’ explication of the … Continue reading Sternlight on AT&T v. Concepcion
As Jill mentioned last week, the Indisputably crew was assembled in Denver for the ABA DR Section meetings last week. It was good, as always, to hang out w/ the crew – and rumor has it that there are some incriminating photos that may make it on the blog. Luckily they’re all family friendly. Readers know that we’re … Continue reading Temple Grandin and the ABA DR Section Meetings in Denver
If you’ve been following the blog posts related to the Marquette-ASU Israel trip, you’ll recall the awful time we had getting back to the US. Ben Traver didn’t have to endure this problem as he scheduled a couple of extra days in Israel to travel on his own. Having a true sense of adventure and a natural … Continue reading Israel Reflections – A Close Call
After much fanfare in the mediation community when it premiered, including plenty on this blog, there’s been little mention of it. I caught up with more Fairly Legal episodes over the weekend and realized why. Mediation provides a nice setting for the show, but there little mediation going on. Like many other tv shows it manufactures false … Continue reading Reflections on Fairly Legal
As the federal government shutdown is almost an hour away, I’m hard-pressed to give either political party kudos in their negotiation strategy or in their public postering. However, in the Oregon state house Representative Jefferson Smith has been able to do the seemingly impossible – get Republicans and Democrats to work together on an impressive undertaking. … Continue reading An Example of Civil Discourse?
Susan Franck (Washington & Lee, currently visiting at Vanderbilt) recently posted her latest paper, Rationalizing Costs in Investment Treaty Arbitration, on SSRN. The piece continues her empirical work in an important area of international finance, this time focusing on the hot button issue of costs. Noting that several countries have left the investment treaty arbitration world … Continue reading Rationalizing Costs in Investment Treaty Arbitration
This is a deep and serious philosophical question that we ask juries and others who award monetary damages to answer all the time. This weekend I finished Kenneth Feinberg’s book What is Life Worth? describing his work with the 9/11 Compensation Fund. It’s an interesting read that details the working s of the team of … Continue reading What is Life Worth?
Lots of things happened while I was in Israel, including the annual release of the US News law school rankings. Of course, we’re interested in the ADR rankings, which are based on peer assessment as compared to the USNews overall law school rankings which are based on a formula that’s always controversial. Without any further … Continue reading US News ADR Rankings
Don’t forget to register for the upcoming ABA DR Section conference in Denver – it’s less than a month away, April 13-16. The headline speakers are Bob Mnookin, author of the highly acclaimed book Bargaining with the Devil: When to Negotiate, When to Fight, and Temple Grandin, the renowned animal scientist from Colorado State University. Clair Danes won … Continue reading Reminder – Sign Up for the ABA DR Section Conference in Denver
