From my colleague Adam Zimmerman: When defendants settle cases involving a large group of people, they often won’t settle without some kind of “peace” — a binding release from nearly all of the potential plaintiffs. The decline of class action settlements, however, means that peace often comes through informal aggregate agreements — a practically binding … Continue reading Zimmerman on Non-Class Mass Settlements
Last week I had the pleasure of attending an event sponsored by the Prince Aga Khan Shia Imami Ismaili Conciliation and Arbitraion Board for the USA (CAB). The goal of the event was to introduce the Dallas-Fort Worth legal and dispute resolution community to the work of the CAB. My previous experience with the Ismaili … Continue reading Mediation Within One Community
The NY Times published an article today announcing that plea bargaining is often coercive due to potentially harsh criminal sentences. Potentially long sentences and the “trial penalty” are well-known facts to professionals in the criminal justice system. Defendants are regularly threatened with longer terms if they exercise their right to trial. Defendants who do not … Continue reading Not Exactly News
We have now had enough time since the Supreme Court’s decision in Hall Street Assocs., LLC v. Mattel, Inc. to assess the “manifest disregard” standard for vacatur of an arbitral award, and it seems apparent that the results are not good. Effectively, the courts, including the Supreme Court, have left arbitration law with the worst … Continue reading Hall Street, Manifest Disregard, and the Worst of All Possible Worlds
As with every year, many ADR profs have changed locations. The list is below, and if we’ve missed someone please include the information in a comment. New to Academia (Entry Level) Hiro Aragaki – Loyola (Los Angeles) (from Fordham B-School) Carli Conklin – Missouri Deborah Thompson Eisenberg – Maryland Urska Velikonja – Maryland (former ASU O’Connor … Continue reading Faculty Roster Changes
CADRE, the National Center on Dispute Resolution in Special Education, is hosting a symposium: “Showcasing Exemplary Practices: The Fifth National Symposium on Dispute Resolution in Special Education” on October 26-28, 2011 in Eugene, Oregon. The event is intended for state dispute resolution coordinators, directors of special education, dispute resolution practitioners, parent advocates, attorneys, educators, service … Continue reading Dispute Resolution in Special Education
Sean Nolan recently sent out information from his completed survey of how US law schools integrate dispute resolution into their required curricula. The survey was part of the work completed by the Legal Education, ADR, and Problem-Solving (LEAPS) Task Force of the ABA DR Section. I am pasting the information below: Survey overview: The purpose … Continue reading Who Requires Dispute Resolution?
I was delighted to see that the Werner Institute at Creighton University School of Law in Omaha, Nebraska has announced that the deadline for submitting proposals for the 2011 AALS Works-in-Progress Conference has been extended to September 30. This will provide an opportunity for scholars who were unable to submit their proposal by the initial … Continue reading Works-in-Progress Conference–Deadline Extended
I am passing along a note from the organizers of Mediation Settlement Day in New York City: I would like to encourage you to invite your students (and possibly offer extra credit), colleagues and friends to attend our Annual Mediation Settlement Day Kick-Off Event on Tuesday, October 18, 2011 at the New York City Bar … Continue reading Mediation Settlement Day in NYC
The New York Times carried a story today about a labor union that is often afraid to ask for more or confront management. In New York, members of the Federation of Catholic Teachers are reportedly working without a contract and as a group tend to not want to confront management, the Archdiocese. When teaching negotiation, … Continue reading A Labor Day Lesson
