Forbes recently published an interesting, and discouraging read, on the challenges that women face in Silicon Valley. See here The author (it is written anonymously) draws a picture of an environment where she regularly has to deal with inappropriate comments and advances but because she is seeking funding from these same folks for her company, … Continue reading Negotiating Silicon Valley
As promised Wednesday, I wanted to post about the very interesting discussion panel on mandatory arbitration put together by Hiro Aragaki and Andrea Doneff at SEALS.The format, as I mentioned, was a roundtable in which each person presented their paper briefly and then we had plenty of time for comments, questions, suggestions, and even thinking … Continue reading The Latest Thinking on Mandatory Arbitration
John Lande continues to build out the DRLE website with useful information. The most recent addition is a section of the website devoted to multi-stage simulations, with classroom exercises, role plays, and a variety of other materials for those interested in incorporating or expanding their use of multi-stage simulations. Here’s John: Probably most of us use … Continue reading Multi-Stage Negotiation Materials on DRLE Website
Sarah Cole can clean you off the tennis court–here’s talking to you Michael Moffitt… Okay, now that I have your attention, let’s turn to how I know this. I am attending SEALS for the first time and I want to start by saying–wow–I should have been going to this all along! Great location, much fun, … Continue reading Live Blog from SEALS
Registration is now open for the AALS ADR Section’s Eighth Annual Works-in-Progress Conference, which will take place this November at Southwestern Law School in Los Angeles. The Conference will begin with a welcoming reception hosted by Southwestern on the evening of Thursday,November 6. Friday, November 7 will feature a full day of presentations, along with continental breakfast, luncheon and dinner … Continue reading Works-in-Progress Conference Registration
The circuit courts continue to refine the definition of the term “customer” under FINRA Rule 12200. A “customer” can compel a broker-dealer to arbitrate a dispute even in the absence of a pre-dispute arbitration agreement. FINRA does not define “customer,” except for its mention in Rule 12100(i) (a “customer shall not include a broker or … Continue reading Second Circuit Adopts Bright-Line Definition of FINRA “Customer” For Arbitration Purposes
Erin Archerd tipped me off that the New York Metropolitan Opera and the unions with which it is negotiating collective bargaining agreements, are trying to call in a federal mediator at the last minute to salvage their negotiations. The article is here: http://www.nytimes.com/2014/07/31/arts/music/met-opera-proposes-federal-mediator-for-union-negotiations.html?_r=0. In an interesting note, the article described some special sort of negotiations … Continue reading Mediation, Negotiation and the New York Metropolitan Opera
FOI Jean Sternlight (UNLV) provides us with this guest post on the President’s recent actions on employment arbitration. President Obama today signed a new Fair Pay and Safe Workplaces Executive Order refusing to grant government contracts of over a million dollars to companies who mandate their employees arbitrate disputes involving discrimination, accusations of sexual assault, … Continue reading Sternlight – New Executive Order Blocks Mandatory Employment Arbitration
FINRA announced today the formation of a new Arbitration Task Force “to consider possible enhancements to its arbitration forum to improve the transparency, impartiality and efficiency of FINRA’s securities arbitration forum for all participants.” The 13-member Task Force will be Chaired by Professor Barbara Black, my former colleague and frequent co-author, and will include forum arbitrators, … Continue reading FINRA Appoints New Arbitration Task Force
Remember when we used to lament the fact that there were no mediation tv shows? Well we had Fairly Legal which was farcically formulaic and often a bit silly. Now we have Untying the Knot, a new reality series on the Bravo network. The show follows New Jersey divorce attorney-mediator Vikki Ziegler as she “mediates” … Continue reading Reality TV Discovers Mediation
