All posts by Sarah Cole

What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute?

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I just came across a case involving an ethics issue in mediation that I found interesting. Although the issue does not arise frequently, courts have considered whether a mediator can serve as a representative for one of the mediation parties in a subsequent dispute. The resolution often turns on the question whether the disputes are … Continue reading What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute? →

Information about AAA updating class arbitration rules and fallout from Concepcion

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Yesterday, I participated in a panel reviewing AT&T v. Concepcion and its implications for the future. The panel included a defense lawyer and a lawyer from Public Justice. Efforts to limit Concepcion through litigation have not fared well to this point, but the better arguments seem to be that Concepcion could be limited to its … Continue reading Information about AAA updating class arbitration rules and fallout from Concepcion →

Guest Blogger Kristen Blankley on “Taking Charge” and Facilitation

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This post comes from my friend, Professor Kristen Blankley, of University of Nebraska College of Law. Kristen writes: “On Saturday, June 18, 2011, one of my students and I volunteered to act as facilitators in Lincoln’s Nebraska’s Taking Charge 2011 roundtable discussions between Lincoln citizens and officials from the Mayor’s Office. The Taking Charge program … Continue reading Guest Blogger Kristen Blankley on “Taking Charge” and Facilitation →

Mershon Center for International Security at Ohio State University Seeks Candidates for Endowed Chair in Conflict Resolution

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At Ohio State University, we are excited to announce a search for an endowed chair in peace studies and conflict resolution at our world-renown Mershon Center: The Mershon Center for International Security Studies at the Ohio State University is seeking candidates to fill an endowed Chair in Peace Studies and Conflict Resolution. The holder of … Continue reading Mershon Center for International Security at Ohio State University Seeks Candidates for Endowed Chair in Conflict Resolution →

Franken Reintroduces Arbitration Fairness Act

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Thanks to Professor Rick Bales at Workplace Prof Blog for this tip — Senator Al Franken has, as expected, reintroduced the Arbitration Fairness Act. See Franken re-introduces AFA: http://lawprofessors.typepad.com/laborprof_blog/2011/05/afa-re-introduced.html While I am not suprised by the Act’s reintroduction, its broad coverage, eliminating pre-dispute arbitration agreements for consumer, franchise and employment disputes, is not headed for … Continue reading Franken Reintroduces Arbitration Fairness Act →

Impact of Concepcion on Judicial Review of Arbitration Awards

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One other important note from Concepcion — it would appear more clearly following this decision that a separate standard for manifest disregard of the law as a means for reviewing an arbitration award no longer exists. While the circuits have split on this issue, Concepcion suggests that if it exists at all, it must be … Continue reading Impact of Concepcion on Judicial Review of Arbitration Awards →

Continuing the Discussion of the AT&T v. Concepcion Decision: Implications for the future

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Well, it would appear that Congress is the only hope for consumers who wish to vindicate their low value claims following the Supreme Court’s decision today in AT&T v. Concepcion. I agree with my fellow blogger Paul Kirgis’s insightful analysis of the case. But, I thought I would add my two cents. The Court was … Continue reading Continuing the Discussion of the AT&T v. Concepcion Decision: Implications for the future →

Fallout from Ohio SB5 — How will Counties and Cities handle Collective Bargaining in Light of SB 5?

The Columbus Dispatch just reported that a county fired its law firm because the firm allegedly supports SB 5. Downes, Fishel, Hass and Kim are a well-respected public sector management-side labor law firm. Mahoning County fires Columbus law firm, saying it backs SB5 Friday, March 11, 2011 11:47 AM Associated Press YOUNGSTOWN — An Ohio … Continue reading Fallout from Ohio SB5 — How will Counties and Cities handle Collective Bargaining in Light of SB 5? →

End to Fact-finding and Conciliation for Public Sector Employees in Ohio?

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Governor-elect John Kasich, in one of his first speeches following the election, singled out as problematic Ohio’s approach to the resolution of collective bargaining disputes for public sector employers and employees. Ohio, through its State Employment Relations Board (SERB), attempts to mediate collective bargaining impasses. If negotiations and mediation fail, a fact-finder is appointed. The … Continue reading End to Fact-finding and Conciliation for Public Sector Employees in Ohio? →