The Seventh Circuit Court of Appeals recently held that a court cannot consider an arbitrator’s reputational interest in being appointed again in the future when determining whether that arbitrator is “disinterested” within the meaning of the parties’ arbitration agreement. Trustmark Ins. Co. v. Hancock Life Ins. Co. (USA), __ F.3d __, 2011 WL 285156 (7th … Continue reading Arbitrator’s “Reputational Interest” In Being Appointed Again Does Not Impact His Neutrality →

Many of us have students writing papers on ADR topics. There are at least two writing competitions taking submissions this spring for ADR papers. The best known is the James Boskey ADR Writing Competition, which is sponsored by the ABA Section of Dispute Resolution in conjunction with Jean Sternlight and UNLV’s Saltman Center. The deadline … Continue reading ADR Writing Competitions →

Mediators Beyond Borders will be having its Annual Congress at UCLA from March 4th – 6th.  The keynote speakers are Lawrence Susskind (one of my personal favorites) and Ashok Pannikar.  Go here for registration and to find out more about the Congress. Here’s a short blurb explaining who MBB is. Mediators Beyond Borders – Partnering for Peace … Continue reading Mediators Beyond Borders – 4th Annual Congress →

The anti-consumer arbitration movement is coming to a theatre (and TV screen) near you. HBO just acquired the rights to air, after its Oscar-qualifying theatrical run, the documentary “Hot Coffee,” which premiered at the Sundance Festival in Park City, Utah last week. The documentary tells the story of the woman who obtained a $2.7 million … Continue reading Documentary film at Sundance festival decries tort system and mandatory arbitration →

From Jen Reynolds at the University of Oregon School of Law. The University of Oregon recently announced that Michael Moffitt will become the next Dean of the Law School later this year.  Oregon is seeking applications from faculty for either a visiting or permanent appointment with an emphasis in ADR.  The Law School will begin … Continue reading Opening(s) at the University of Oregon →

Last week, France adopted a new law on arbitration, Decree No. 2011-48 dated January 13, 2011. The law, the first French reform of arbitration law since the 1980s, codifies existing case law, reaffirms the French legal system’s support of arbitration, and seeks to establish France as a leader in the field of international arbitration. In … Continue reading France Adopts New Arbitration Law →

In a remarkably short time period, the Securities and Exchange Commission approved a proposed rule change filed by FINRA to provide investors with the option of selecting an all public arbitrator panel in arbitrations filed against their brokers or brokerage firms in FINRA’s Dispute Resolution forum. Thus, customer claimants have the option of eliminating an … Continue reading SEC Approves All Public Panel Option for FINRA Customer Arbitrations →

A lesbian couple settled their lawsuit against their Minnesota high school and school district over the weekend according to the ABA Journal and Minnesota papers, the St. Paul Pioneer Press and The Minneapolis Star Tribune.  The students had sued for the right to walk into their school’s Snow Days Pep Fest as a couple after both were elected to the royalty court.  Previously … Continue reading Lesbian Couple and MN High School Reach a Mediated(?) Settlement in Snow Festival Case →

According to CNN (report here) Dennis Kucinich has settled his lawsuit against the House of Representatives cafeteria, which allegedly served him an olive mistakenly advertised as sans pit.  The pit in question caused the member of congress in question to chip his tooth, the story reports, and the MoC then had to undergo what sounded … Continue reading Dennis Kucinich Settles Dispute Over Olive →