I just saw this abstract on SSRN — looks like a very interesting study that is, to me, not surprising, but a little depressing: “Thanks for Nothing: Expressing Gratitude Invites Exploitation by Competitors” Harvard PON Working Paper JEREMY A. YIP, University of Pennsylvania – The Wharton School Email: yip@wharton.upenn.edu CINDY CHAN, University of Toronto – … Continue reading Expressing Gratitude in Negotiations May Not Be A Good Idea?! →

As a sports fan and a fan of arbitration, I have followed with interest the ongoing battles between the NFLPA and the NFL over the consequences of their unusual arbitration process. It is no surprise to those who follow arbitration that the Fifth Circuit, ruled today that the NFLPA’s attempt to circumvent the parties’ agreed … Continue reading A Win for Arbitration Process, A Loss for the Cowboys and Ezekiel Elliot →

CPR’s Alternatives provides free access to a helpful analysis of the CFPB’s ban on the use of class action waivers in arbitration agreements and gives an update on where the regulation is (rejected by the House, not yet considered by the Senate). After reading the article, I am more optimistic that the rule may yet … Continue reading CPR Article Provides Useful Analysis of CFPB Ban on Class Action Waivers in Arbitration Agreements involving Consumer Financial Services Products →

Brad Heckman, CEO of the New York Peace Institute, will deliver the Moritz College of Law at the Ohio State University’s Annual Lawrence Lecture on Dispute Resolution during the lunch hour on September 28 in Moritz’s Saxbe Auditorium. For more information or to register go to go.osu.edu/Lawrence2017. Brad’s lecture “Mediation on the Beat: Bringing Conflict … Continue reading NY Peace Institute’s Brad Heckman to Deliver Ohio State’s Lawrence Lecture →

I just had the opportunity to read the newly published, How Mediation Works, written by some of the leaders in our field: Stephen B. Goldberg, Jeanne M. Brett, and Beatrice Blohorn-Brenneur. My colleague Nancy H. Rogers also contributes a chapter. The book is a compact 106 pages but provides both a terrific introduction to mediation … Continue reading How Mediation Works — a New Book By Leaders in the ADR Field →

From Rick Bales at Workplace Prof Blog, http://lawprofessors.typepad.com/laborprof_blog/#, comes an announcement about Steve Ware and Ariana Levinson’s new book. Let me add my congratulations, too: “Congratulations to Steve Ware (Kansas) and Ariana Levinson (Louisville) on the publication of their new book Principles of Arbitration Law (Concise Hornbook Series, available July 2017). Here’s the publisher’s description: … Continue reading Ware and Levinson on Arbitration Law →

From the BNA Daily Labor Report: “Justice Department Switches Sides in High Court Arbitration Fight The Trump administration today switched sides in a U.S. Supreme Court battle over employment agreements that restrict employees from participating in class and collective lawsuits. The Justice Department is now rejecting the position of the National Labor Relations Board and … Continue reading Justice Department No Longer Supporting NLRB in Murphy Oil Arbitration Case →

FOIs Erin Archerd (Detroit Mercy Law) & Kristen Blankley (Nebraska College of Law) sent me the following for posting, which I am very happy to do: Is it time to revise the Model Standards for Mediators? An informal gathering at the Spring ABA Dispute Resolution Conference considered this question, with follow-up discussions in both the … Continue reading Model Standards of Mediator Conduct: Time for Revision? →

Rick Bales shared with me a very intriguing call for papers for a conference in Malaysia on August 9 and 10: https://icdr2017.org/2017/04/27/call-for-papers/ According to the website: The International Conference on Dispute Resolution (ICDR) 2017 accepts papers in English, Arabic and Bahasa Melayu (Malaysia/Indonesia). Authors are invited to submit quality papers presenting original research or any … Continue reading Call for Papers for International Conference on Dispute Resolution →

In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration. The relatives had only been authorized to sign the admission documents. In other words, Kentucky could not require a separate power of attorney related … Continue reading Nursing Homes May Continue to Use Arbitration Agreements →