A federal district court judge’s decision a few weeks ago to issue a TRO to enjoin several FINRA arbitrations against Securities America so as to preserve the broker-dealer’s assets to pay a class action settlement reached in the district court has drawn a lot of media coverage. Earlier today, Professor Black posted on the Securities … Continue reading Texas Judge Enjoins FINRA Arbitrations To Preserve Respondents’ Assets for Class Action Settlement →

For those readers interested in the topic of how mediators persuade parties, James Stark (U Conn) and Douglas Frenkel (U Penn) recently posted on SSRN a working paper entitled “Changing Minds: The Work of Mediators and Empirical Studies of Persuasion.” Here is the abstract: The use of mediation has grown exponentially in recent years in … Continue reading Stark and Frenkel on Mediators and Persuasion →

If you’re a big-time football fan you know that the National Football League is in the midst of a collective bargaining crisis.  The collectcive bargaining agreement (CBA) between the players’ union and the league expires tonight at midnight eastern which puts the fall’s season in jeopardy.  The Federal Mediation and Conciliation Service is currently mediating the … Continue reading The NFL’s Labor Negotiation – Seriously !?!? →

This article from the National Law Journal online offers some good guidance for students as to the skills young lawyers need to succeed in a law practice. Among the essential skills are knowledge of current events, appearance, sociability, humility, manners, generosity, flexibility, punctuality, diligence, and collegiality. I can certainly think of things I would add … Continue reading The [Non-Legal?] Skills Young Lawyers Need →

In conjunction with the ABA Section of Dispute Resolution Spring Conference that will be in Denver on April 13-16 this year, the ABA will be hosting the National Finals of the Representation in Mediation Competition.  In this competition law students play the roles of lawyers and clients in mediation and demonstrate the skills needed to … Continue reading National Finals of the Representation in Mediation Competition – Mediators and Judges Needed →

As promised, I have reviewed the papers in Stok & Associates, P.A. v. Citibank, N.A, Docket 10-514, in which the Supreme Court granted certioriari last week to decide the following question: “Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by … Continue reading More on Stok and Arbitration Waiver →

On Tuesday (Feb. 22), the Supreme Court granted a cert petition in Stok & Associates v. Citibank, Docket 10-514. The issue presented is: “Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver … Continue reading Supreme Court Grants Cert. Petition in Arbitration Case →

The National Mediation Conference in Australia has made the proceedings of its biennial gathering available online at http://www.mediationconference.com.au/.  Included in the materials online are podcasts of more than fifty presentations by prominent mediation figures from across Australia.  You’ll also find Alain Lempereur’s keynote address there, discussing his “track 1-and-a-half” efforts at mediation-meets-diplomacy in Burundi.  Kudos … Continue reading National Mediation Conference – Australia →

From the National Law Journal earlier today (available here): “1st Circuit deems plaintiffs who achieved settlement ‘prevailing parties’ entitled to fees” by Sheri Qualters Parties who achieve litigation goals through settlement, as opposed to a verdict or a formal consent decree, are nonetheless “prevailing parties” eligible for attorney fees, the U.S. Court of Appeals for … Continue reading Settlements and Fees for Prevailing Parties →

I don’t have anything new to say about what’s going on this week in Wisconsin–manuevers continue, it’s all very interesting.  But Jon Stewart last night was hilarious so I am linking to his take on Wisconsin in which he points out that not only is Governor Walker trying to take away benefits but then prevent … Continue reading Crisis in Dairyland–Or Why We are Not Tunisia →