All posts by John Lande

Lessons From the ABA’s Excellent Report on Mediator Techniques

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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 →

CFPB Arbitration Rule Overturned

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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 →

In Praise of (Good) Disagreements

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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 →

Important Employment Arbitration Cases in the Supreme Court

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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 →

Fordham’s International Mediation and Arbitration Conferences

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 →

New Resolution Systems Institute (RSI) Website

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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 →

Kiser’s Soft Skills for the Effective Lawyer

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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 →