Category Archives: General

Problem Solving Courts Symposium in Maryland

The University of Maryland School of Law will hold a symposium on November 6, 2009:   Problem Solving Courts: A Conversation with the Experts. The conference announcement states: Please join us for a conversation with a diverse array of Maryland practitioners and national experts about past, present and future role of problem solving courts in our judicial system. … Continue reading Problem Solving Courts Symposium in Maryland

Mediation Confidentiality & Attorney Malpractice

Not long ago, a federal court in Oregon gratned summary judgment for the defendants in a legal malpractice claim.  The case highlights the stakes involved in expansive mediation privileges.  Or put differently, the case highlights the tradeoffs of having limited exceptions to a mediation privilege.  For anyone looking for a good set of modern facts … Continue reading Mediation Confidentiality & Attorney Malpractice

FINRA Expands Its Public Arbitrator Pilot Program

FINRA Dispute Resolution announced earlier this week that it is expanding the pilot program it launched in 2008 to provide investors with more choice in selecting arbitrators for customer cases heard by FINRA arbitrators.  Rather than being forced to select at least one industry arbitrator on all three-arbitrator panels, FINRA gave investors the right, in essence, to strike … Continue reading FINRA Expands Its Public Arbitrator Pilot Program

Proposed Legislation Designed to Avoid Arbitration of Tort Claims

The Daily Labor Report notes that Senators Al Franken and Mary Landrieu proposed legislation designed to address some of the issues raised by the Jamie Leigh Jones case. That case, discussed in one of my earlier posts, addressed the question whether an employee of Halliburton could be required to arbitrate her rape claims as well … Continue reading Proposed Legislation Designed to Avoid Arbitration of Tort Claims

Interesting Interactive Devices for Classroom Use

Just learned about a blog, written by Adrienne Carlson, that has links to a number of devices to be used in the classroom. It looks like some of them would be useful for teaching dispute resolution. See http://www.accreditedonlineuniversities.com/100-best-open-source-apps-for-educators/ (look at CoFFEE and Mando, in particular).

Welcome Guest Blogger Paul F. Kirgis

Please join me in welcoming Professor Paul F. Kirgis from St.John’s University as a guest blogger here on Indisputably.  As you may recall, St.John’s recently hosted a symposium entitled: ADR Meets Bankruptcy: Cross Purposes or Cross Pollination?  (For more info on the conference, go here.)  According to Paul, the presentations were eye-opening, and we’ve asked … Continue reading Welcome Guest Blogger Paul F. Kirgis

The Relationship between Culture and Disputing Processes

On November 6th our friends at Fordham will be hosting their annual dispute resolution forum, this one on the intersection between culture and disputing processes.  Professor Oscar Chase from the NYU Law School will be the keynote speaker and will be followed by an excellent panel of discussants.  For more information, including registration information, go … Continue reading The Relationship between Culture and Disputing Processes

The Worst Choose-Your-Own-Adventure Ever ?

Referring to mandatory, binding arbitration, one of my Civil Procedure students just forwarded the following link to me: http://consumerist.com/5148154/mandatory-binding-arbitration-the-worst-choose-your-own-adventure-ever As a kid, my favorite Choose-Your-Own-Adventure book (I forget its name) was one in which the only way to get to the happy place was to completely disregard the rules and just turn to that page.  … Continue reading The Worst Choose-Your-Own-Adventure Ever ?