In days past, we joked about how little-known mediation was and how frequently the process was confused with meditation. But, today, mediation is mentioned more and more frequently in the news and popular culture. Unfortunately, the attention is not always flattering. In fact, the attention sometimes reveals that mediation is being used in just the … Continue reading Mediation and Cover-Ups
Ross Runkel mentions the Vaden case at: http://www.lawmemo.com/arbitrationblog/ Both scotusblog and lawmemo have the briefs available at http://www.lawmemo.com/supreme/case/vaden/ and http://www.scotusblog.com/wp/todays-orders-23/. Runkel mentions that the case will not be argued until Fall of 2008.
Yesterday, I provided a link to the live blogging going on at the DSD symposium at Harvard Law School, and I erroneously linked only to the blog associated with yesterday afternoon’s panel on DSD in organizational settings. The live blogging takes place on a session-by-session basis, and the general portal is found at http://blogs.law.harvard.edu/hnmcp/2008/03/03/. Today’s panels … Continue reading Dispute Systems Design Symposium at Harvard Law School – Part 2
Today and tomorrow, the Harvard Negotiation Law Review is hosting an enormous symposium exploring various aspects of Dispute Systems Design.My understanding is that they will be posting web-based video of at least some of the presentations, and I will post a link to those when they become available. I am sitting in the audience, and … Continue reading Dispute Systems Design Symposium at Harvard Law School
The question at issue in Preston v. Ferrer, 552 U.S. ___ (February 20, 2008), was whether the Federal Arbitration Act (FAA) preempts state statutes that create primary jurisdiction in a state administrative agency for a dispute arising among parties who have a private arbitration agreement. The Court held, in an unsurprising 8-1 decision, that the … Continue reading Supreme Court Decision in Preston Today!
The U.S. Supreme Court just granted certiorari in a third arbitration case for this term!! 14 Penn Plaza v. Pyett, — S.Ct. —-, 2008 WL 423540 (U.S.), 76 USLW 3255 (February 19, 2008). The Pyett case will address whether a union-negotiated waiver of employees’ rights to proceed in a judicial forum for federal statutory causes … Continue reading Supreme Court hears third arbitration case this term: 14 Penn Plaza v. Pyett
David White and Woody Mosten are soliciting nominations for the 2008 ABA Lawyer as Problem Solver Award and the Lawyer as Problem Solver Exercises. Each year, the Lawyer as Problem Solver Committee seeks to identify those colleagues who have distinguished themselves through a commitment to creative advocacy. Such individuals are a force for positive change through their dynamic representation of … Continue reading ABA Lawyer as Problem Solver Award Call for Nominations
Professors Theodore Eisenberg, Geoffrey Miller and Emily Sherwin investigated a number of Fortune 100 firms’ use of mandatory arbitration clauses. See Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts (draft December 18, 2007). Their empirical analysis revealed that companies frequently use arbitration clauses in consumer contracts but do not … Continue reading Empirical Arbitration Analysis Reveals Companies Prefer Litigation
I was catching up on my taped Colbert Report shows over the weekend and saw a brilliant interview with Ambassador Andrew Young from earlier in January. It turns out that Andrew Young negotiated with Stephen Colbert’s father to settle a strike in South Carolina over 40 years ago. Black nurses at one of South Carolina’s … Continue reading Stephen Colbert, Ambassador Andrew Young, and How to Negotiate the End of the WGA Strike
Well, I have finally recovered from the odyssey that it took to get home from New York two weeks ago and I thought it might be fun to start a conversation about what types of negotiation strategies and techniques work when your airport closes down. First, let me briefly encapsulate our trip. Seven professors on … Continue reading Negotiating Plane Rides (and getting home from AALS)
