Since the recent publications about Harvey Weinstein’s alleged serial sexual misconduct, there has been a wave of stories about others who have allegedly committed sexual misconduct. The comedian Louis C.K. is one of the men who has been accused. He publicly acknowledged that the accusations were true and apologized. Political science professor Nancy D. Wadsworth … Continue reading Louis C.K.’s Apology
In another post, I discuss Louis C.K.’s apology for his repeated sexual misconduct. Although he apparently didn’t settle claims for this conduct (that I have read about, anyway), other wrongdoers certainly have done so. In those cases, lawyers have negotiated the settlements, which typically include strict provisions requiring confidentiality, often with harsh liquidated damage provisions … Continue reading Lawyers’ Ethical Responsibility in Negotiating Confidential Settlements on Behalf of Serial Lawbreakers
If so, you have a lot of company. Having reviewed negotiation publications and listened to colleagues, I can confidently assert that most of us grossly misuse the term “BATNA.” This is one of my pet peeves, which drives me crazy – an admittedly short excursion. I discussed this in my top-notch post, BATNA, MLATNA – … Continue reading Do You Use “BATNA” Wrong?
Missouri’s Center for the Study of Dispute Resolution recently held our annual symposium in coordination with our Journal of Dispute Resolution. The symposium, entitled “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes,” was organized by Professors Bob Jerry and Chris Wells. They specialize, respectively, in insurance law and … Continue reading Missouri Symposium on Managing Disputes About Speech on Campus
This post provides photos from Missouri’s latest annual symposium, “The First Amendment on Campus: Identifying Principles for Best Practices for Managing and Resolving Disputes.” Click here for a description of my photo album process. Dean Lyrissa Lidsky and Bob Jerry Bob Jerry and CSDR Director Rafael Gely Lisa Amsler, Dean Jennifer Brown, Grande Lum Grande Lum, … Continue reading Photo Album – Missouri Symposium on Disputes About Speech on Campus
Arizona State hosted this year’s wonderful AALS ADR Section Works-in-Progress conference. In addition to hearing what veterans in our field are working on, I was especially impressed by the work of some of our newer colleagues. The conference showcased ASU’s cool new building in downtown Phoenix, where the temperature never got above 100. You will … Continue reading Photo Album – AALS WIP Conference 2017
As a girl scout at heart, I like to make new friends and keep the old ones. So I really enjoyed the AALS ADR Section Works-in-Progress Conference originated by Andrea Schneider and hosted this year at Arizona State under the able leadership of Art Hinshaw with assistance by Gabriel Velez and Roselle Wissler. It … Continue reading What Is the Stone Soup(s) Project Really About?
The ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques recently released an excellent report really worth reading. It should be of value to anyone interested in mediation. It also provides useful lessons about what we can learn about ADR from empirical research. Superstar ADR empirical researcher Roselle Wissler is the principal … Continue reading Lessons From the ABA’s Excellent Report on Mediator Techniques
From GFOI Tom Stipanowich: Dispute Resolution Friends, Our colleague and friend Prof. Peter Robinson recently stepped down as Managing Director of the Straus Institute after serving in administrative capacities here for 27 years; since 2006, he and I have functioned as co-directors of the Institute—surely one of the happiest and most fulfilling times in my … Continue reading Big Changes at Pepperdine
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
