More than a decade ago, as courts began enforcing class action waivers in arbitration agreements, it grew more and more apparent to me that disputants with arbitrable claims of small dollar value would proceed under the respective forum’s small claims arbitration procedures. This warranted a renewed focus on whether those small claims procedures provided disputants … Continue reading CRAPP: A Strategy for Dispute Resolution Reform →

Earlier this week I attended a wonderful conference at Pepperdine Law School attended by 150 ADR legal educators and professionals, where we explored the legacy of the field of ADR and predicted its future. Co-sponsored by the Aggie (Texas A&M) DR Program as well as numerous other law school DR programs), the conference featured panels … Continue reading Conference on past, present and future of ADR at Pepperdine Law School →

Because most disputes between individual investors and their brokerage firms are arbitrated through FINRA’s Dispute Resolution forum, many legal issues impacting retail investors do not make their way through the courts but instead end up being resolved in a private forum with little transparency (i.e., awards are published but usually contain no reasons or explanations). … Continue reading Pace’s securities arbitration clinic students go to the SEC →

[Please excuse this interruption of the wonderful Israel reflections!] A few weeks ago, over at the Securities Arbitration Commentator blog, George Friedman posted a helpful summary of all the “anti-mandatory arbitration bills” that have been introduced by House and Senate democrats this year. You may be interested in reading it.

From FOI Nancy Welsh: Tom Stipanowich and I are writing to remind you of the June 18-19 conference being held in Malibu–and to request that you forward this notice to dispute resolution colleagues, including adjunct faculty at your schools who might not be on the listserv. Titled “Appreciating our Legacy and Engaging our Future,” this … Continue reading ADR Conference at Pepperdine →

Hosting the AALS Alternative Dispute Resolution Section 2019 Works-in-Progress Conference The AALS Alternative Dispute Resolution Section is seeking a host for the 13th Annual Works-in-Progress Conference to take place in the fall of 2019. The WIP Conference has become one of the “must attends” in the ADR academic field. Previous hosts include Marquette (2007 and … Continue reading Request for proposals: AALS ADR Section 2019 Works-in-progress conference →

AALS Alternative Dispute Resolution Section Best Article of 2018 The AALS Section on Alternative Dispute Resolution is seeking nominations for the second annual Section Award for best article published in print or online in 2018 in the field of ADR. To be eligible, the article must be already published in a law review or other … Continue reading Call for nominations: AALS ADR Section BEST ARTICLE →

 From FOI Dr. Shahla Ali: The Law Faculty at the University of Hong Kong invites paper submissions for an upcoming research forum on March 8-9, 2019 addressing Advances in Comparative & Transnational ADR: Research into Practice: https://adrinasia.wordpress.com/2018/11/15/call-for-papers-advances-in-comparative-transnational-adr-research-into-practice/​ Dr. Shahla Ali （夏蘭） Associate Professor and Associate Dean (International) Deputy Director, Program in Arbitration and Dispute Resolution Faculty of Law, The University of … Continue reading Call for Papers: Advances in Comparative and Transnational ADR – Research into Practice →

Last Thursday through Saturday, the University of Maryland Francis King Carey School of Law hosted the 12th Annual AALS ADR Section’s Works-in-Progress Conference. Now the standard-bearer as THE scholarly conference in the U.S. in the area of dispute resolution, participants heard presentations from scholars ranging from seeds of an idea to almost-completed papers, and gave … Continue reading AALS ADR Works-in-Progress Conference →

From FOI Elayne Greenberg (St. John’s): About the Mangano Award Given annually through the generosity of esteemed dispute resolution champion Hon. Guy J. Mangano, this $5000 Award honors scholars and practitioners whose published empirical research has furthered the advancement and understanding of the values and skills of dispute resolution. Nomination Criteria You are invited to … Continue reading Seeking Nominations for Mangano Award for DR Empirical Research →

  In my 2015 article, Justice Scalia’s Hat Trick and the Supreme Court’s Flawed Understanding of Twenty-First Century Arbitration, I pointed out a factual mistake in the majority opinion in American Express v. Italian Colors, 133 S. Ct. 2304 (2013). In that opinion, Justice Scalia wrote: A pair of our cases brings home the point [that a class … Continue reading An Epic (and Compounded) Mistake in Epic Systems →

From Cornell’s Alex Colvin: The ILR School at Cornell is searching for a faculty position in conflict resolution. Applications are welcome; please pass along to any interested individuals. Details at the link below. Tenure-Track Assistant or Associate Professor Position in Conflict Resolution https://academicjobsonline.org/ajo/jobs/11371 The ILR School at Cornell University invites applications for a tenure-track faculty … Continue reading Conflict Resolution Faculty Position at Cornell ILR →