James Stark and Douglas Frenkel have published Using Fear and Guilt to Persuade: What Might Empirical Research Tell Mediators? in the Winter 2013 Dispute Resolution Magazine, pages 26-29. The article’s opening scenario describes the predicament of a mediator who is working with a plaintiff who is getting “less reasonable as the mediation progresses” and appears … Continue reading Stark and Frankel on Using Fear and Guilt to Persuade
On Monday evening my ASU colleague Joe Feller was struck by a car and killed while jogging. Joe, a natural resources scholar who engaged in impact environmental litigation, was an ADR skeptic (at best) who thought collaborative processes were being used to subvert the protections offered by the country’s natural resource laws. He expressed his views … Continue reading Joe Feller – Rest in Peace
Hi all—lovely to see so many of you last week at the ABA Section on Dispute Resolution Conference! Just to follow up from my mini-presentation in the morning of the LEC, I wanted to send around live links to the two teaching materials I shared. The first is the article on teaching the TKI and … Continue reading DYNAD Exercise
From Glen Parker at Cardozo, below is an announcement about a writing competition in conflict resolution open to students in the Tri-State area or from that region: The ACR-GNY has organized a Student Writing Competition to coincide with its 2013 Annual Conference being held on June 20, 2013. The goal of the competition is to solicit scholarly … Continue reading New York Area Writing Competition
Tonight begins Holocaust Remembrance Day–Yom Hashoah–and so today’s post is from Brendan Byrne on visiting the Yad Vashem Holocaust Memorial–a regular stop for visitors to Israel including the President this past month. Yad Vashem is the official memorial to the victims and survivors of the Holocaust that took 6 million lives and left physical and emotional … Continue reading Israel Reflections 2013–Yad Vashem
Following closely on the heels of Quinnipiac’s very wise decision to name ADR Law Prof Jen Brown the next Dean of its law school, Ohio Northern University announced it appointed Richard Bales, currently at Northern Kentucky Chase College of Law, the next Dean of its Pettit College of Law. Congratulations to Rick on this accomplishment, … Continue reading Rick Bales named Dean at Ohio Northern’s Law School
This year traveling up to the Golan Heights was a little more fraught with tension–after all, UN peacekeepers had been held for three days by Syrian rebels and the Syrian civil war made the historically quiet area more active. It also ended up being the location of one of the most amazing learning experiences of … Continue reading Israel Reflections 2013–The Golan Heights
Last week, author Dan Solin, a long-time critic of FINRA, published a column in U.S. News & World Report attacking the FINRA arbitration forum as biased, unfair to investors and shrouded in secrecy. Presumably, the column was motivated by a federal judge’s recent decision to deny a FOIA request that PIABA (Public Investors Arbitration Bar Association) filed with the SEC to … Continue reading George Friedman responds to Dan Solin’s indictment of FINRA arbitration
The only people to whom the following is news are people who will not consider it news worth knowing, but I feel compelled to mention the unfortunate series of basketball games over the last two days, the results of which leave the NCAA tournament without a blogger’s team for which to cheer. Alas. MM … Continue reading Blogging & Bad Basketball
FOI Kristen Blankley (Nebraska) has posted “Advancements in Arbitral Immunity and Judicial Review of Arbitral Awards Create Ethical Loopholes in Arbitration” on SSRN. The paper was presented at a University of Nebraska Law and Psychology Symposium entitled: “Justice, Conflict, and Well-Being” and will appear later this year in a book of articles from the symposium. … Continue reading Blankley on Arbitration Ethics
