A reminder that the ADR law professors’ works-in-progress gathering has an August 1 deadline for those who want to submit papers. You are, of course, also welcome to just come and listen/learn/lurk. But given the format of the gathering, now’s not the time to wait until you have something polished. Come take advantage of the … Continue reading Works-in-Progress Call for Papers
As this article describes, the Obama Administration has awarded a $3 million grant to the New York court system (of all things) in its effort to improve patient safety while lower the costs of medical malpractice litigation. The grant stems from the work of Judge Doug McKeon, who handles medical malpractice cases involving New York … Continue reading Finding “Humanness” in Medical Malpractice Litigation
Last week I asked this question on the AALS list-serv: I’ve been using many of the same role-play scenarios in my Negotiation class for years and all of them have a ZOPA in there somewhere. I’ve found that the students get trained to expect there to always be a deal there, which in some ways … Continue reading Negotiation Scenarios Where No Deal is the Best Result
Now that the national furor has died down over Arizona’s immigration law locally known as SB 1070, some rational commentary is starting to come to the fore. Jack Chin of the University of Arizona has been leading the charge. He, along with others including my colleague Carissa Hessick, have looked at the various claims the … Continue reading Arizona Immigration Legislation (SB 1070) Update
I recently received an announcement regarding an effort involving the Department of Labor and the National Association for Community Mediation. As I understand it, the goal of the effort is to generate some sense of how mediators weigh various definitional aspects or components of mediation. I have separately written a tediously long article entitled “Schmediation … Continue reading Defining “Mediation” — Only 5 days left!
Volume 26, Number 3, July 2010 Editor’s Note Michael Wheeler Research Digest Predicting Competitive-Unethical Negotiating Behavior and Its Consequences Roger Volkema, Denise Fleck, and Agnes Hofmeister Transformative Women, Problem-Solving Men? Not Quite: Gender and Mediators’ Perceptions of Mediation Noa Nelson, Adi Zarankin, and Rachel Ben-Ari Consensus Arbitration: A Negotiation … Continue reading Negotiation Journal, July 2010
This just in from the National Association for Community Mediation The Department of Labor (DOL) wants to know what it takes to be an “expert mediator” and have turned to NAFCM for help. As a member-based organization serving hundreds of mediators and community mediation centers – which, in turn, oversee thousands of skilled mediators nationwide … Continue reading Mediators’ “Defining” Moment
In a recent case, Matarrazo v. L.R. Royal, Inc., a New York court said “No.” The employer was a mortgage broker, and the employee was hired as a mortgage sales manager. The employee’s attorney drafted the arbitration clause, which provided that the parties split the costs of arbitration, with an important caveat: the employee’s share … Continue reading Can Costs of Employment Arbitration Be Unfair to Employer?
Hint: The rule isn’t really anti-ADR, even though some ADR practitioners may see it that way. In fact, the rule represents a fantastic step forward for the idea that disputants ought to have considerable control over the process(es) by which their disputes are resolved. In this particular case, the state of Oregon has adopted a … Continue reading Why This ADR Professor Loves a New Anti-ADR Rule
Professor Ben DePoorter recently published an article, “Law in the Shadow of Bargaining: The Feedback Effect of Civil Settlements”, 95 Cornell L. Rev. 957 (2010), (essay pdf here) exploring the implications of selective disclosure or selective availability of private settlements. Its abstract: Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important … Continue reading “Did You Hear About The Settlement Where…?”
