That is the question raised by this post on the Legal Skills Prof Blog. The authors worry that the rise of technology-driven negotiations (e.g., software algorithms that can produce optimal settlement terms for parties) will replace the need for lawyers to negotiate for their clients. Really? Can we really automate the important search for underlying … Continue reading We don’t need to teach negotiation skills anymore?
Courtesy of the Securities Law Prof Blog, read here SEC Commissioner’s Elisse B. Walter’s comments on mandatory securities arbitration at the annual NASAA Conference. The SEC has implied for some time now that it will review securities arbitration, but other Dodd-Frank rule-making mandates have taken up all of its time. It will be interesting to … Continue reading SEC Commissioner Walter on Mandatory Arbitration
From SCOTUSblog earlier this week: Guest contributors consider the implications of the Court’s recent arbitration decisions, including AT&T v. Concepcion, Stolt-Nielsen v. AnimalFeeds, Rent-A-Center v. Jackson, and Hall Street v. Mattel. In our final symposium before the October Term begins, guest contributors (listed below in alphabetical order) will consider questions relating to the Court’s Federal … Continue reading SCOTUSblog Kicks Off Symposium on Arbitration and the Court
I am passing along a note from the organizers of Mediation Settlement Day in New York City: I would like to encourage you to invite your students (and possibly offer extra credit), colleagues and friends to attend our Annual Mediation Settlement Day Kick-Off Event on Tuesday, October 18, 2011 at the New York City Bar … Continue reading Mediation Settlement Day in NYC
Registration is now open for the 2011-2012 Representation in Mediation Competition. This law school competition provides students the opportunity to role-play as advocates and clients in a mediation setting and measures how well students model appropriate preparation for and representation of a client in mediation. Each team consists of two students. In each round of … Continue reading Registration now open for 2011-2012 ABA Representation in Mediation Competition
I am passing along a deadline remider for a Call for Papers from the Oregon Law Review: Oregon Law Review is currently accepting submissions for a special themed issue of our 90th volume. Called “ADR for the Masses,” this special issue will address appropriate dispute resolution in the context of mass torts, mass settlements, and large-scale public … Continue reading Call for Papers: ADR for the Masses – Oregon Law Review
At the Securities Arbitration 2011 program at the Practising Law Institute a few weeks ago (which I Chaired), Linda Fienberg, President of FINRA Dispute Resolution, announced that FINRA has developed a program to permit its arbitration forum to administer disputes between investors and registered investment advisers. FINRA has developed this plan because the SEC is … Continue reading FINRA Ready to Offer Arbitration Forum for Investment Advisers
Here’s an announcement from the HNLR: Please save the date for the Harvard Negotiation Law Review’s annual Symposium, which is being planned in collaboration with the Program on Negotiation and the Harvard Negotiation & Mediation Clinical Program. The Symposium will be held on February 25, 2012. The full-day event will take a close look … Continue reading Save the Date – Harvard Negotiation Law Review Symposium
Sean Nolon (U. Vermont) recently published an article related to environmental conflict resolution. In the article, Sean describes how different forms of consensus-building can be used to site wind turbines and create wind energy policy. A link to the article on SSRN is here. It is entitled Negotiating the Wind: A Framework to Engage Citizens in … Continue reading ADR, Consensus-Building and Wind Energy Policy
Thanks to the Securities Arbitration Commentator’s Arbitration Alert service, I recently learned that the New York State Legislature is considering legislation to amend New York’s arbitration law to add a specific bias ground for vacatur. The bill already passed through the State Assembly as A7002A-2011, and has now been introduced in the State Senate as … Continue reading New York State Legislature Considers Adding Vacatur Ground
