In a Federal Register notice issued last week, the SEC published for public comment a proposal to amend Rule 13201 of the FINRA Code of Arbitration Procedure for Industry Disputes to expressly preclude employees of FINRA members from arbitrating collective actions arising under the Fair Labor Standards Act, the Age Discrimination in Employment Act or the Equal … Continue reading SEC Publishes for Comment Proposal to Exempt Collective Actions from FINRA Arbitration →

We have decided to give some more time for interested schools to apply host the next WIP conference.  Please consider applying. The AALS Dispute Resolution Section is seeking a host for the 6th Annual Works-in-Progress Conference in the fall of 2012. The WIP Conference has proven to be quite successful, and it has quickly become one of … Continue reading New submission date (2/17) for Proposals to host the 2012 WIP Conference →

Just as some states are giving up on their foreclosure mediation programs (see my note on the demise of Florida’s program here), the Department of Justice is urging greater investment in foreclosure mediation. Through the report of its Access to Justice Initiative, DOJ makes a number of recommendations, including increased research and evaluation of state … Continue reading Federal Support for Foreclosure Mediation →

Earlier today, I learned that Raymond Shonholtz died.  He was a founder and president of the San Francisco Community Boards.  It would be hard to overstate the role these community boards played in the evolution of mediation in the United States, not just the small claims versions thereof, but also many of the facilitative and … Continue reading Raymond Shonholtz: Community Mediation Visionary →

Paul beat me to the punch, but I could not agree more with him that the Court’s decision in Compucredit v. Greenwood is unsurprising. The true mystery of the case is that the Court took it in the first place. Until Congress decides to make it clear that a particular statutory claim cannot be arbitrated, … Continue reading Unsurprising is Exactly How I Would Describe Compucredit v. Greenwood →

In a thoroughly unsurprising decision, the Supreme Court today held in CompuCredit Corp. v. Greenwood that claims under the federal Credit Repair Organizations Act are arbitrable. CROA contains a disclosure rule requiring that consumers be notified that they “have a right to sue a credit repair organization that violates the Credit Repair Organization Act.” The … Continue reading Supreme Court Holds CROA Claims Arbitrable, Surprising No One →

If you are interested in learning more about the complex world of military interventions in Iraq and Afghanistan, I recommend Losing Small Wars: British Military Failure in Iraq and Afghanistan by Frank Ledwidge. This book is a unique analysis of current events firmly placed within their historical context. The author is not only a dear … Continue reading Read all about it →

A little holiday cheer while grading exams–here’s how (yet another) failed negotiation went in my house this past fall.  For context, my son Noah broke his leg on the very first day of school, 10 minutes into the very first soccer practice of the year.   Since he couldn’t move much, his friends have been over … Continue reading Negotiating Trick Shots →

Florida has ended its foreclosure mediation program begun in 2009. The state Supreme Court scuttled the program because it was only settling 4% of the cases. It appears the program had lots of problems, including a failure to contact borrowers and a resistance by lenders to participate actively. What else is new? The legislatures and … Continue reading Florida Foreclosure Mediation Program Ends with a Yawn →

Sarah Cole recently published On Babies and Bathwater: The Arbitration Fairness Act and the Supreme Court’s Recent Arbitration Jurisprudence, 48 Houston L. Rev. 457 (2011) (available here). She writes, “The AFA misses the mark primarily because it overstates the case against arbitration, rendering the legislation unpalatable to corporate and business interests, as well as many … Continue reading Sarah Cole vs. (part of prior versions of) The Arbitration Fairness Act →