The Federal Circuit recently handed down its decision in the CEATS v. Continental case.  If I were teaching Mediation this year, I’d spend some real time on it. Quick summary (oversimplifying for purposes of clarity here): Mediator appointed to patent case.  Case didn’t wind up settling, and it proceeded to trial.  After jury verdict, losing … Continue reading A Requirement Without Consequence? Federal Circuit Mediator Conflict Disclosure Case →

For those interested in the field of securities dispute resolution, check out this new blog, just launched by Securities Arbitration Commentator (http://www.sacarbitration.com/blog/). Here is its opening announcement: The Securities Arbitration Commentator (“SAC”) is just delighted to welcome you to our new blog, through which we will keep followers informed of key developments in the securities dispute resolution … Continue reading Securities Arbitration Commentator Launches New Blog →

A quick note that Harvard Law Review just published a note this month entitled Mediation of Investor-State Conflicts (Harvard Law Review, June 2014).  It’s very exciting to see this concept hitting the mainstream and the timing is good.  As the current litigation between Argentina and its unhappy bond holders demonstrates, alternate processes between states and their investors … Continue reading Mediating International Investment Disputes →

Last week, the Washington Supreme Court reversed a conviction in State v Lamar on the grounds that jury deliberations must be “full and complete.”  The StoelRives blog noticeofappeal.org summarizes the case this way: In State v. Lamar, the trial court reconstituted the jury with an alternate midway through deliberations after one of the original jurors … Continue reading Deliberations, Interrupted →

From FOI, Prof. Ron Aronovsky (Southwestern Law) Dear Colleagues: Registration is now open for the AALS ADR Section’s Eighth Annual Works-in-Progress Conference! The Conference:  Southwestern is honored to host this year’s WIP Conference.  The Conference has traditionally provided a welcoming and interactive forum where ADR scholars from across the country can share their current research, … Continue reading Registration Now Open for Fall 2014 ADR Works in Progress Conference →

From FOI and TG (tech goddess) Alyson Carrel: Many of you might have seen the articles about the new research showing that taking notes by hand is better than taking notes on a laptop. I know many of our law schools have been having this discussion – do we or do we not allow students … Continue reading Using technology wisely in the classroom →

From FOI Jackie Nolan-Haley The Ninth Annual Fordham Law School Conference on International Arbitration and Mediation will be held in New York City at Fordham Law School on June 12 and 13. The conference will bring together leading arbitrators, mediators, practitioners and scholars to discuss contemporary issues in international arbitration and mediation.  Topics include investor-state … Continue reading Fordham hosting the Ninth Annual Fordham Law School Conference on International Arbitration and Mediation →

From BNA Daily Labor Report: “Justices Won’t Review California Ruling on Unconsionability of Wage Hearing Waivers Posted June 09, 2014, 4:01 P.M. ET The U.S. Supreme Court today let stand a California Supreme Court decision that a lower court may consider whether a waiver of any state administrative wage hearing makes an arbitration agreement unconscionable … Continue reading Unconscionability Still Alive and Well? →

From FOI Alyson Carrel: In the article Machines v. Lawyers, Northwestern Law Professor John McGinnis argues that the advancement of technology and ability of machines to complete more complicated tasks is the blame for our recent decline in law school admissions. He says that while many blame the recession, “the plight of legal education and … Continue reading How will tomorrow’s lawyer compete with technology? →

On Monday, the 9th Circuit handed down its decision in the Wilcox v. Apraio case, a case arising out of the Maricopa County wars – former County Attorney and now gubernatorial candidate Andrew Thomas, with the help of Sheriff Joe Arpaio, indicted several sitting Superior Court judges and several members of the County’s Board of … Continue reading Wilcox v. Apraio – the 9th Circuit Sidesteps Mediation Confidentiality Questions →