On Veteran’s Day last week, the Chief Justice of the Pennsylvania Supreme Court wrote an Op-Ed in the New York Times suggesting that a special court for veterans, modeled on drug courts, should be adoped across the country. It sounds like a wonderful and compassionate idea. Justice Castile, himself a veteran, described the program started … Continue reading Veterans Court
The New York State Bar Association finds itself in the forefront of the debate over the expanding role of ADR this week after it decided to table a proposal that would require lawyers to notify their clients of mediation as an alternative to litigation. The proposal was supported by the Bar Association’s Dispute Resolution Section, … Continue reading NYSBA Proposal for Mandatory Mediation Notice—And Resistance to It
Governor-elect John Kasich, in one of his first speeches following the election, singled out as problematic Ohio’s approach to the resolution of collective bargaining disputes for public sector employers and employees. Ohio, through its State Employment Relations Board (SERB), attempts to mediate collective bargaining impasses. If negotiations and mediation fail, a fact-finder is appointed. The … Continue reading End to Fact-finding and Conciliation for Public Sector Employees in Ohio?
The Daily Labor Report adds its commentary on the recently-argued Concepcion case here: http://news.bna.com/dlln/DLLNWB/split_display.adp?fedfid=18392824&vname=dlrnotallissues&fn=18392824&jd=a0c4u8e3z2&split=0
In the 1970s, Lon Fuller initiated what became an extended scholarly conversation about the extent to which ADR can and should serve the public function of norm-creation that is such a central feature of adjudication. That topic remains a theme of recent ADR scholarship, appearing in the work of Carrie Menkel-Meadow, Susan Sturm, Amy Cohen, … Continue reading ADR and Norm-Creation
Jean Sternlight from the Boyd School of Law at UNLV (and longtime Indisputably friend) offers her thoughts on today’s Supreme Court arguments in AT&T v. Concepcion. _______________________________________________ The Supreme Court heard oral argument today in AT&T Mobility v. Concepcion, No. 09-893. As most of you know, the case has the possibility of being momentous in the … Continue reading Sternlight on AT&T Mobility v. Concepcion
On occasion, my brother-in-law and I get to thinking about the same topic. His venue–a weekly sermon often linked to the Torah portion–and my venue as the classroom and this blog. I had much fun talking with him last week as he wrote his sermon “Can You Grow From a No?” and I am delighted … Continue reading Can You Grow From a “No”?
Ron Johnson defeated Russ Feingold in Wisconsin earlier this week. Feingold had been the sponsor of the Arbitration Fairness Act for years. I’ve now spent (read: wasted) a good amount of time on the web, trying to figure out what Ron Johnson’s position might be on the AFA and other ADR-related measures. I have some … Continue reading The Arbitration Fairness Act’s Sponsor
Eizabeth Dunn (University of British Columbia), Dan Gilbert (Harvard), and Timothy Wilson (Virginia) have posted a study of money and happiness that, in addition to being just plain fascinating, may contain useful insights for our field. Some of the more interesting findings: People tend to be more happy when they are mentally focused on what … Continue reading Money and Happiness
In the upcoming show, Fairly Legal, a young lawyer leaves the practice of law and, as the promo says, “thanks to her innate understanding of human nature, thorough legal knowledge, and wry sense of humor, Kate is a natural when it comes to dispute resolution.” I definitely like that dispute resolution experts are recognized as both … Continue reading Mediation TV–“Fairly Legal”
