The New Yorker has a fascinating new article by Ronan Farrow providing more information about some of the settlement structures used by Harvey Weinstein and his company. It is worth reading in full, but I’m including a few excerpts from the article below to give you a sense of the piece. The short version is … Continue reading Against Secret Settlements →

Two recent dispute resolution notes: First, many of you may have heard about Netflix’s amusing cease-and-desist letter to the pop-up bar in Chicago decorated with an unauthorized “Stranger Things” theme. (For those of you who haven’t watched the show, watch it!) The text of the letter: Danny and Doug, My walkie talkie is busted so … Continue reading Stranger Things →

Brian Farkas (Cardozo) has just published “The Continuing Voice of Dissent: Justice Thomas and the Federal Arbitration Act” in the Harvard Negotiation Law Review, available for download here. The abstract: Since 1984, a majority of the Supreme Court has held that the Federal Arbitration Act (“FAA”) preempts conflicting state arbitration laws, and that the FAA … Continue reading Farkas on Justice Thomas and the FAA →

From FOI Erin Archerd (Detroit Mercy): Facebook has apparently been developing chat bots that negotiate. This article in The Atlantic focuses on the bots creation of their own language. And here’s the Facebook report on training the bots in negotiations. There’s a struggle going on between negotiating like “humans” (more prone to accepting non-Pareto optimal … Continue reading Chatbots Who Negotiate →

From FOI Tom Stipanowich (Pepperdine): I recently had the chance to deliver reflections on almost four decades of experience with dispute resolution as keynoter for Cardozo School of Law’s Symposium on the “The Pound Conferences: Where Do We Come From? What are We? Where are We Going?” Like many of you, my whole career has … Continue reading Where Are We Going? →

Summer is upon us, which means that we will all have more time for television. Hooray! For those of you who need to justify your binge-watching, consider American Crime (website here), an amazing show with strong ADR themes. American Crime is in its third season, and the first two seasons are available on Netflix. Each … Continue reading Summer Binge, ADR Edition →

In 1977, Scott Turow published One-L, a lightly fictionalized memoir of Turow’s first year at Harvard Law School. Since then, One-L has become one of the most commonly recommended books for prospective law students. Earlier this year, I asked some ADR professors for reflections on One-L, and you can read their responses below. The book … Continue reading Reflections on One-L →

For the past five years at the ABA Conference, the “What I’m Reading” panel has given us an opportunity to talk about what inspires ADR scholars and practitioners. Two weeks ago, we had a fabulous (and musical!) panel and several people asked if I would post the reading list from the session. Here it is: … Continue reading What I’m Reading, 2017 →

UPDATE 4/25: Photo added of some ADR juniors, below the jump. Kelly Browe Olson and Alyson Carrel, the Spring Conference Standing Committee Co-Chairs of the ABA DR Conference here in San Francisco, are truly dedicated to the success of the event. Here they are at the Thursday reception. Not only do they match, they are … Continue reading This Is Dedication →

Omer Shapira (Ono Academic College) has published “A Critical Assessment of the Model Standards of Conduct for Mediators (2005): Call for Reform” in the Marquette Law Review, available here. The abstract: The Model Standards of Conduct for Mediators (2005), which were developed and adopted by leading organizations in the field of mediation, were designed to … Continue reading Shapira on Model Standards for Mediators →