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 →

Congratulations to this year’s CPR academic award winners. CPR’s press release is available here. Outstanding Professional Articles Winner: Hal Abramson, Nelson Mandela as Negotiator: What Can We Learn from Him? 31 Ohio St. J. on Dispute Resolution 1 (2016). Article Link via HeinOnline. Honorable Mention: Douglas N. Frankel & James H. Stark, Improving Lawyer’s Judgment: … Continue reading CPR Announces Academic Award Winners →

Fordham Law School Professor and Fordham ADR & Conflict Resolution Program Director Jacqueline Nolan-Haley will deliver the 2017 Schwartz Lecture on Dispute Resolution at noon on March 9, 2017, at The Ohio State University Moritz College of Law. Over the last four decades, alternative dispute resolution (ADR) processes have been promoted as efficient tools to … Continue reading Fordham’s Jaqueline Nolan-Haley will present OSU Moritz College of Law’s 2017 Schwartz Lecture on Dispute Resolution →

I am very proud of our co-blogger, Andrea Schneider, just selected to receive the 2017 ABA Section of Dispute Resolution Award for Outstanding Scholarly Work. The announcement is here: http://www.americanbar.org/content/dam/aba/administrative/dispute_resolution/spr2017/osw_award2017.authcheckdam.pdf Andrea is truly an outstanding scholar as well as a colleague and friend to many. Congratulations, Andrea!

Hot off the presses: The U.S. Supreme Court today agreed to consider whether the National Labor Relations Board is correct in its interpretation that arbitration agreements are illegal under federal labor law if they contain class action waivers, setting the stage for an issue that has divided various circuit courts. This is a topic of … Continue reading NLRB Class Action Waiver Case to be Heard by the Supreme Court →

From the Notice and Comment blog: “In A Report to the President-Elect of the United States 2016, the ABA’s Section of Administrative Law and Regulatory Practice calls attention to the opportunity to enhance to the efficiency of, and satisfaction with, the outcomes of agency adjudications by expanding the government’s commitment to using ADR techniques.” For … Continue reading ABA Administrative Law Section Encourages Trump Administration to Utilize ADR →