The ABA’s Dispute Resolution Section has just issued its Call for Proposals for the Section’s annual meeting next April in San Francisco. A copy of the Call for Proposals can be seen here, and the proposal form can be accessed here. As an fyi, priority is given to proposals that introduce new and innovative concepts, … Continue reading Call for Proposals – ABA Dispute Resolution Section Conference
No, that’s not a typo. And no, I am not among the persistent number who treat “arbitration” and “mediation” as coterminous. I mean “Mediation.” And I mean “Separability.” I was reading a recent case — Santana v. Olguin, 208 P.3d 328 (Kan.App., May 29, 2009), and it made me wonder how courts treat mediation provisions … Continue reading Mediation and the Separability Doctrine
In contrast to the election turmoil occurring in Iran, an interesting alternative for settling an election occurred in suburban Phoenix yesterday. The City of Cave Creek recently had an election for their city council and two candidates had a runoff election for the last council seat. They ended up tied with 660 votes each. How did … Continue reading Elections and Dispute Resolution – A Card Game
Over the weekend I read a fascinating account of what life is like for international development workers in Iraq (in an email from a colleague). I learned about the dreary living conditions, severe restrictions due to security, and the need to carry around personal protection gear. But, I was most fascinated by the account of … Continue reading Does email contribute to conflict in Iraq?
I’m furiously working on an article and thought I’d seek some input on my line of reasoning about one’s “bottom-line” in negotiations. The ABA’s standing ethics committee has two opinions stating that the “bottom line” is a material fact under Rule 4.1, and as a result, you cannot lie about what your bottom line (and … Continue reading Negotiation Ethics and Lying about Your Bottom-Line
I am delighted to post the following announcement from Bob Mnookin. Bob will be hosting this year’s Works-in-Progress conference at Harvard. Our first two conferences have been informative, helpful and lots of fun. I am sure that pattern will continue! Dear Colleague, I’m pleased to announce that this fall the Program on Negotiation at … Continue reading Third Annual Dispute Resolution Works-In-Progress Conference at Harvard this fall–Call for Papers
This is a posting courtesy of Lisa Bingham–thanks for sending it along! Last week, I was on a conference call with senior White House officials in the Office of Science and Technology Policy (Beth Noveck, Deputy Chief Technology Officer for Open Government, and Greg Nelson, Associate Director White House Office of Public Engagement). I write to share … Continue reading Obama Open Government Initiative
Russ Bleemer at CPR just sent me a very interesting link regarding Judge and Supreme Court nominee Sonia Sotomayor’s arbitration jurisprudence. I’d taken a brief look at this myself and concluded that she seems to follow the general philosophy that enforcing arbitration agreements and awards is part of the national federal policy favoring arbitration. I … Continue reading Sotomayor’s Arbitration Jurisprudence
No formal announcement from Vanderbilt yet, but Brian Leiter posted the news earlier today, and Chris confirmed it to me in an email this evening. Vanderbilt is a lucky, lucky school. I look forward to watching the law school under Chris’s leadership. Michael Moffitt
A propos of several recent postings on this blog about the Arbitration Fairness Act, Professor David S. Schwartz (U. Wisconsin) recently posted on SSRN an article entitled “Mandatory Arbitration and Fairness,” forthcoming in the Notre Dame Law Review. Here is the abstract: Until recently, it was understood that mandatory arbitration was a “do-it-yourself tort reform”: … Continue reading Mandatory Arbitration and Fairness
