From my colleague, Amy Schmitz: This summer, I reported the news that after much study, the Consumer Financial Protection Bureau (CFPB) had issued its arbitration rule barring the use of arbitration clauses to preclude class actions with respect to financial services and contracts disputes. The rule would have prohibited banks and other consumer financial companies … Continue reading CFPB Arbitration Rule Overturned
As they say, if two people always agree, one of them is unnecessary. It may seem odd that I advocate for more disagreements in a blog named Indisputably. But that’s exactly what I’m doing. Actually, just more good disagreements. Dying Art of Disagreement This post riffs on a column by New York Times columnist Bret Stephens, … Continue reading In Praise of (Good) Disagreements
Although I am not an arbitration guy, even I generally know about the US Supreme Court’s bizarre interpretation of the Federal Arbitration Act to shut people out of court. Stanford Law Professor David Freeman Engstrom wrote a useful op-ed in the New York Times explaining why three cases argued in the Supreme Court today are … Continue reading Important Employment Arbitration Cases in the Supreme Court
From TFOI Jackie Nolan-Haley: Dear Colleagues, I am pleased to invite you to Fordham Law School’s annual ADR Symposium, “International Commercial Mediation: How Culture and Regulation are Affecting the Business and the Practice of Mediation” on November 16, 2017. You may also be interested in our international arbitration conference which will be held the following … Continue reading Fordham’s International Mediation and Arbitration Conferences
In recent weeks, we have had problems with a flood of spam comments overwhelming our ability to moderate them. This problem appears to be fixed now. If you want to post a comment, please write it in a word processing document in case the glitch reappears. If your comment isn’t approved and posted within a … Continue reading Comments on the Blog
From Resolution Systems Institute My name is Nicole Wilmet and I am the Resource Center Director at Resolution Systems Institute (RSI). As an organizer of your state’s court ADR program, I am delighted to inform you that RSI, the source for information about court alternative dispute resolution, has a brand new website! At the updated … Continue reading New Resolution Systems Institute (RSI) Website
From Jackie Font-Guzmán: We have a call for chapters of a book I am co-editing, Running with Scissors: Leading in Uncertainty. Anyone who has a powerful leadership story to share in the times we are living is welcome to submit an abstract. This new leadership book series will focus on personal leadership accounts from … Continue reading Call for Papers: Running With Scissors
I was really pleased to meet Randall Kiser at last year’s ABA conference. I was very impressed by his important study (co-authored with Martin Asher and Blakeley McShane), Let’s Not Make a Deal: An Empirical Examination of Decision Making in Unsuccessful Negotiations. The top-line finding was that in 85.5% of cases, parties went to trial … Continue reading Kiser’s Soft Skills for the Effective Lawyer
From Lauren Saunders, Associate Director, National Consumer Law Center: Folks, Thanks so much for signing the letter to the Senate asking it not to overturn the Consumer Financial Protection Bureau’s rule prohibiting consumer financial products from having forced arbitration clauses with class action bans and requiring the collection of data on individual arbitrations. I wanted to let you … Continue reading Chance to Support CFPB Arbitration Rule – Sept. 22 Deadline
You are cordially invited to Missouri’s Center for the Study of Dispute Resolution Annual Symposium, to be held on Friday, Oct. 27, 2017, in Columbia, Missouri, on the topic “The First Amendment on Campus: Identifying Best Practices for Managing and Resolving Disputes.” Almost weekly, events on our nation’s campuses vividly demonstrate conflicting attitudes about the … Continue reading Missouri Symposium on the First Amendment on Campus & Dispute Resolution
