From the Daily Labor Report (BNA): “Under directions from the California Supreme Court, the California Court of Appeal Feb. 26 held that class action and arbitration waivers in an agreement between a trash removal company and an employee are enforceable as to the worker’s individual wage and hour claims under state law (Franco v. Arakelian … Continue reading No Surprise — Iskanian Court Enforces Class Action Waiver
FOI Jim Alfini (South Texas) sends this follow up to his announcement of Judge Enslen’s death on the list serv last week. This past week, we lost a pioneer in the modern ADR movement. Judge Richard Enslen passed away at the age of 83. As Chief Judge of the United States District Court for the … Continue reading Alfini on Judge Richard Enslen
I am happy to post this letter from Bernie Mayer announcing his new book. Having read and reviewed the book, I can only repeat what I said before: I LOVE it! Dear Friends and Colleagues: I am pleased to announce that my new book, The Conflict Paradox: Seven Dilemmas at the Core of Disputes, is … Continue reading The Conflict Paradox
I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence
In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action?
Last summer I blogged about Bravo’s divorce mediation tv show Untying the Knot, that follows New Jersey mediator Vikki Ziegler (a Quinnipiac law grad – go Bobcats!) as she assists couples in the divorce process. Even though it really is an Early Neutral Evaluation show, it’s a great classroom tool, which I intend to use … Continue reading Untying the Knot – Returns for 2nd Season
Kristen Blankley, who has written on the issue of perjury in arbitration and teaches dispute resolution and ethics courses at the University of Nebraska College of Law, offers additional thoughts (at my request) on the Armstrong arbitration award issued yesterday. From Kristen: Earlier this week, SCA Promotions, a Texas company, filed a motion in Texas … Continue reading Further Thoughts on Armstrong Arbitration Award
Here’s a call for papers from Susan Raines (Kennesaw State), the editor-in-chief of the Conflict Resolution Quarterly (CRQ). CRQ focuses on the role of the neutral in conflict resolution, the processes of conflict resolution, and the causes/cures of conflict at every level from the interpersonal to the international. Our journal prides itself on the importance … Continue reading Conflict Resolution Quarterly Call for Papers
I am pleased to announce (parroting Ethan Katsh from the DRLE listserv) that registration is now open for the 2015 International ODR conference, hosted by Pace Law School. The conference will take place from June 3-5, 2015 at Pace University’s downtown Manhattan campus (One Pace Plaza). The principal keynote speakers are Richard Susskind, … Continue reading Registration Now Open for ODR 2015 at Pace
Today, a tri-partite arbitration panel sanctioned Lance Armstrong $10 million, ordering him to pay that amount to a prize insurer (who insures price incentives for athletes), as punishment for lying under oath about doping during a previous arbitration among the same parties. SCA Promotions, Inc., the insurer, seeks confirmation of the award in a Texas … Continue reading Arbitration Panel Sanctions Lance Armstrong for Lying Under Oath in Previous Arbitration
