Today, the Supreme Court granted cert in a FOURTH arbitration case. Many years have passed since the Court granted cert in this many arbitration cases. The case, Vaden v. Discover Bank, 07-0773, will answer an important question about federal courts’ jurisdiction over disputes subject to an arbitration agreement that do not raise a federal question … Continue reading A Fourth U.S. Supreme Court Arbitration Case This Year
Jean Sternlight at UNLV recently sent out an announcement that they have just posted webcasts of some of their recent “Peace in the Desert” lectures. http://www.law.unlv.edu/media_Events.html Among the speakers are: John Paul Lederach, Professor of International Peacebuilding, The Joan B. Kroc Institute for International Peacebuilding, University of Notre Dame: “The Moral Imagination: The Art and … Continue reading “Peace in the Desert” Lecture Series Webcasts Now Available
Yesterday, I provided a link to the live blogging going on at the DSD symposium at Harvard Law School, and I erroneously linked only to the blog associated with yesterday afternoon’s panel on DSD in organizational settings. The live blogging takes place on a session-by-session basis, and the general portal is found at http://blogs.law.harvard.edu/hnmcp/2008/03/03/. Today’s panels … Continue reading Dispute Systems Design Symposium at Harvard Law School – Part 2
Today and tomorrow, the Harvard Negotiation Law Review is hosting an enormous symposium exploring various aspects of Dispute Systems Design.My understanding is that they will be posting web-based video of at least some of the presentations, and I will post a link to those when they become available. I am sitting in the audience, and … Continue reading Dispute Systems Design Symposium at Harvard Law School
At the 2008 AALS Section meeting, Dwight Golann and Ellen Waldman (two of the most thoughtful scholars of mediation ethics I know) presented a talk entitled “Ethical Codes and the Commercial Mediator.” They have graciously agreed to share the powerpoint materials they used in the presentation. (Attached below.) I am hopeful that we may entice … Continue reading Ethical Codes and the Commercial Mediator
Jean Sternlight recently published an article entitled In Defense of Mandatory Binding Arbitration (If Imposed on the Company), 8 Nev. L. J. 82 (2007). She describes the project as one that she conceived initially as a “lark,” but what emerges is a truly fascinating thought exercise. Jean’s basic thesis is summarized in the excerpt below. … Continue reading Imposing Arbitration on the “Big Guys”
David White and Woody Mosten are soliciting nominations for the 2008 ABA Lawyer as Problem Solver Award and the Lawyer as Problem Solver Exercises. Each year, the Lawyer as Problem Solver Committee seeks to identify those colleagues who have distinguished themselves through a commitment to creative advocacy. Such individuals are a force for positive change through their dynamic representation of … Continue reading ABA Lawyer as Problem Solver Award Call for Nominations
Today’s New York Times Editorial entitled “The Cult of Secrecy at the White House” includes reference both to ombudsmen and to mediation. I am neither an every-day reader of the NYT editorial page, nor is my long-term memory as reliable as I’d prefer. But I cannot recall either of these staples of modern dispute resolution appearing … Continue reading Today’s New York Times Editorial
According to a traditional dynamic in a case with multiple defendants, a plaintiff makes a demand (or a new demand), and then each defendant has to decide how much to indicate it is willing to contribute to a settlement (with that calculation being based in part on the plaintiff’s demand and in part on the defendant’s … Continue reading Blind Negotiations
The ABA has just released promotional materials about an upcoming CLE program with the title “Deal Mediation: A New Use for an Old Friend.” I have at least four reactions: 1. It’s nice to hear the ABA refer to Mediation as an “old friend.” 2. It’s not clear to me that Deal Mediation is all … Continue reading Deal Mediation
