In late November, a first-of-its-kind arbitration ended when the mobile phone technology companies Skyworks and AATI settled their dispute over their failed merger. Although there was no award, the arbitration was significant because the arbitrator was a judge on the Delaware Court of Chancery–which just happens to be the court in which the claim was … Continue reading In Court, but Out of Sight: Chancery Court Arbitration
In Buckeye Check Cashing v. Cardegna, Justice Scalia authored an opinion for the Supreme Court holding that, where a consumer credit contract contains an arbitration provision, the arbitrator rather than a court decides all questions about the legality of the underlying debt instrument. Buckeye’s holding was controversial, because it effectively pushes a consumer debtor into arbitration … Continue reading Originalism, Arbitration, and the Civil Jury
Tomorrow, FINRA’s Board of Governors is holding its December 2011 meeting, and on its agenda are several rule proposals in the Dispute Resolution area. FINRA has been very active in continuously reforming and updating its Codes of Procedure for arbitration and mediation, to address concerns and critique from its various constituents. The proposals related to FINRA … Continue reading FINRA’s Board of Governors to Consider Several DR Proposals
Friday’s scholarship roundtable at Wash U was great, and I hope you enjoyed the nearly live blogging. It’s always a good time to talk about good papers to help make them better, to catch up w/ folks in the field, and to meet some new people. I know that the comments I received will make … Continue reading New Directions in Negotiation and ADR – reflections
Brian Ganson (University of Stellenbosch Business School, Cape Town, South Africa) has published a paper with the Geneva Peacebuilding Platform (2011, Series Paper No. 2) in connection with their conference on “Strengthening International Support for Conflict Prevention.” From the Introduction: Practitioners, scholars and institutional actors focus on the predatory aspects of business in fragile environments … Continue reading Ganson on Business and Conflict Prevention
This is out of context and in no particular order: Caucus is the refuge of cowards there are no ideological virgins I know we’re talking about author X’s paper, but I really want to comment about author Y’s paper instead Immediately afterwards from Author X – I want to comment on author Y’s paper too. … Continue reading Overheard at Wash U’s New Directions in ADR and Negotiation program
So Art is too modest to blog about himself but he kicked off this morning presenting on his new paper examining the role of gender in making ethical decisions. Counter to other previous studies, Art and his co-author Jess Alberts find that when faced with a client request not to disclose a material fact, women … Continue reading Art Hinshaw (ASU)–Gender & Negotiation Ethics
When writing her text books w/ co-authors, Andrea found that the headings and labels used in writing the book created confusion and disagreements. Labels hide the reality of what negotiators do, what they need to do in order to be effective. Many different labels overlap or describe or the same thing. But behaviors and skills … Continue reading Andrea Schneider (Marquette) – Labels Suck, er ah, Stink
How to negotiate durable agreements. People can want to change but may be committed to things that keep that change from happening. This is because interests are context dependent. Look at the following literatures: miswanting literature – we don’t really know what we always want, altruistic negotiation literature – somebody has to bite the bullet … Continue reading Jen Reynolds (Oregon) – How Commitments Shape Interests
Jim and Stephan are creating a human rights / conflict resolution clinic at Stanford and looking at how best to merge these two fields. Here’s a list of the skills they want as part of the pedagogy for their clinic Basic human rights & conflict resolution technology Critical analysis Stakeholder mapping – interviewing Fact finding … Continue reading Jim Cavallaro/Stephan Sonnenberg (Stanford) – Bringing Conflict Resolution Strategies to Human Rights Clinics
