Article posted this morning and available here. First three paragraphs below. As an aside, the environmental attorney cited in the article is an Oregon Law alum. The more important questions this article raises relate to the availability of attorney fees in a wide range of contexts in which fee-shifting is an important settlement dynamic. MM … Continue reading National Law Journal on “Sue and Settle” Cases
From BNA’s Daily Labor Report: “The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear and reverse a 2-1 panel decision that rejected the NLRB’s position that class and collective action waivers in an employer’s mandatory arbitration policy interfered with employee rights under … Continue reading NLRB files petition for rehearing in D.R. Horton (class arbitration) case
The 2014 Schwartz Lecture on Dispute Resolution will be given by The Ohio State University Moritz College of Law’s own Nancy Hardin Rogers. She will be presenting on her current project looking at the role of institutions and dispute resolution providers in reducing polarization in public conflicts. Public institutions fund interventions by dispute resolution practitioners … Continue reading Professor Nancy H. Rogers to Give 2014 Schwartz Lecture at Moritz College of Law on March 25
Every year the USNews rankings come out and we love them or hate them depending on whether they favor us or not. And at least with the USNews specialty rankings, we know they are peer reviewed, so they are more telling than the overall law school rankings. So – without any further ado, here are … Continue reading USNews Dispute Resolution Rankings
John Lande (Missouri) has posted “A Framework for Advancing Negotiation Theory: Implications from a Study of How Lawyers Reach Agreement in Pretrial Litigation” on SSRN. The abstract: The prevailing negotiation theory tries to fit lots of square pegs into just two round holes – adversarial or cooperative bargaining. In the real world, negotiation comes in … Continue reading Lande on Advancing Negotiation Theory
The NYT reports today on “the Matthew process,” a form of Biblical dispute resolution based on a passage from the Gospel of Matthew in which Jesus says that disputants should attempt to resolve their dispute privately, and if that doesn’t work to bring “one or two others” into the process. The particular dispute covered in … Continue reading Non-binding Christian mediation
Appeared on 250words.com last week. Available here. Mostly familiar names. Some less so. Wouldn’t be my list, but then, that’s what makes it interesting… MM
I’ll be presenting my article Bargaining with Consequences: Leverage and Coercion in Negotiation tomorrow (Friday, February 27, 2014) at the Quinnipiac-Yale Dispute Resolution Workshop at Quinnipiac University School of Law. Here’s the abstract to the article, which will be published later this spring in the Harvard Negotiation Law Review: Leverage has been called “negotiation’s prime mover,” … Continue reading Bargaining with Consequences
Profs. Doug Frenkel’s (UPenn) and Jim Stark’s (UConn) recent article Changing Minds: The Work of Mediators and Empirical Studies of Persuasion, 28 Ohio State J. Dispute Resol. 263-352 (2013), has been selected as the outstanding scholarly article of 2013 by the International Institute for Conflict Prevention and Resolution (CPR). CPR, an organization of executives and counsel from the … Continue reading Profs. Frenkel and Stark Win CPR Outstanding Scholarly Article Award
I am very pleased to share that my colleague and co-author Nancy Hardin Rogers was honored with the prestigious James F. Henry Award from the International Institute for Conflict Prevention & Resolution (CPR). As many of you know, the institute is an independent nonprofit organization comprised of global corporations, law firms, scholars, and public institutions … Continue reading Moritz College of Law Professor Nancy H. Rogers wins CPR’s James F. Henry Award for Distinguished Contribution to Dispute Resolution
