The latest “Your Money” column in yesterday’s New York Times is sure to contribute to the ongoing debate regarding gender differences in negotiation. Entitled “A Women’s Toolkit for Seeking a Raise,” the column reports on new research of gender differences in negotiation and posits that women should use strategies different from those men typically use when negotiating for a … Continue reading More on gender and negotiation
In a decision with ramifications for employees and consumers subject to a mandatory arbitration agreement, New York’s Court of Appeals recently held that an employee challenging the enforceability of a fee-splitting provision in a pre-dispute arbitration agreement is entitled to a factual hearing to establish that her inability to pay arbitration costs precluded her from vindicating … Continue reading NY’s Highest Court Requires Ability-to-Pay Hearing Before Enforcing Fee-Splitting Provision in Arbitration Agreement
While the subject of cilantro has virtually no connection to alternative dispute resolution, I am thrilled that the New York Times has recognized (here) that it is not my fault that cilantro tastes like hazardous waste to me. I have spent many a meal arguing (ahh, there is the ADR connection) with fellow diners about my … Continue reading The Great Cilantro Debate
I am writing from the Spring Conference of the ABA Section on Dispute Resolution in sunny and pleasant San Francisco, CA. Highlights for me so far have included helping organize, judge and watch the ABA Representation in Mediation Competition, won by the University of Maryland School of Law (students Jeffrey Lillien and David Pantzer, coached by Toby Guerin). Following … Continue reading Greetings from San Francisco…
In early October, I blogged here about USA network’s plans to launch a TV series about a lawyer turned mediator. Hollywood Reporter has reported in this article that USA has picked up the series, called “Facing Kate,” by ordering the production of 11 episodes in addition to the 90-minute pilot. Dubbing Kate, who is a litigator-turned-mediator, the “ultimate anti-lawyer,” … Continue reading Finally, a TV series about a mediator…Part II
The ADR in Law Schools Committee of the ABA Section of Dispute Resolution seeks several experienced mediators to mediate the National Final Rounds of the ABA Representation in Mediation Competition. In the competition, students play the role of lawyer and client in a mediation of a simulated case and are judged on their prolem-solving skills. The competition … Continue reading Volunteer Mediators needed in San Francisco on April 7-8
For many New Yorkers who susbscribe to Cablevision for their TV service, the threatened inability to watch the Academy Awards tonight has been the source of much anxiety this week. Just a few hours before the Awards show is set to air, Cablevision answered calls that it submit to binding arbitration to resolve its dispute with … Continue reading Cablevision agrees to binding arbitration with Walt Disney Co. in dispute over subscription fees
The Fourth Circuit recently affirmed a rare vacatur of a FINRA arbitration award arising out of an employment dispute. In Raymond James Financial Services Corp, Inc. v. Bishop, __ F.3d. __, 2010 WL 610614 (4th Cir. Feb. 22, 2010), three financial advisers claimed they were wrongfully discharged from the brokerage firm Raymond James even though they … Continue reading 4th Circuit upholds vacatur of FINRA arbitration award
For those interested in the important and growing field of Environmental Dispute Resolution, the Pace Environmental Law Review just published a special volume entitled “Environmental Interest Dispute Resolution Changing Times-Changing Practice.” I contributed a co-authored piece on Environmental Dispute Resolution in the Law School Curriculum. Other scholarship published includes: ENVIRONMENTAL INTEREST DISPUTE RESOLUTION: CHANGING TIMES— … Continue reading Pace Environmental Law Review publishes special volume devoted to EDR
FINRA’s Investor Education Foundation recently has awarded grants to four law schools (Howard, Pepperdine, Florida International and Suffolk) to start Investor Advocacy law school clinics (securities arbitration) in law schools located outside of New York. See Press Release, here. Currently, approximately 14 law schools operate securities/investor rights clinics, but most are in the New York metropolitan area. As a result … Continue reading Want to run a securities arbitration clinic?
