For those of you who are not sports/baseball fans, you may not have known (or cared) that Aaron Judge, who has played for the New York Yankees since 2016 and became a free agent after the 2022 season, had been negotiating his new contract. Drafted in 2013 and making his major league debut in 2016, … Continue reading Aaron Judge Contract Negotiations: A Case Study in Leveraging Power
Arizona State’s Lodestar Dispute Resolution Center is proud to host the upcoming the annual Schiefelbein Global Dispute Resolution Conference on Friday January 13, 2023. Claudia Salomon, President of the ICC International Court of Arbitration, will deliver the keynote address, titled Damocles Sword – A Tool to Resolve Disputes, If Used Effectively. After her talk we … Continue reading Schiefelbein Global Dispute Resolution Conference – January 13, 2023
For the past several years Roselle Wissler (Arizona State) and I have been working on several articles about the early stages of mediation based on data collected from more than 1,000 mediators from 8 states across the country. Our latest article from this data set Joint Session or Caucus? Factors Related to How the Initial … Continue reading Factors Related to How the Initial Mediation Session Begins
I spoke with a reporter from Bloomberg BNA yesterday about Jackson v. Amazon.com, Inc. (oral argument 11/17/22). The case raises a number of interesting arbitration issues: whether Amazon’s broad arbitration clause includes a worker’s privacy claim (Amazon was monitoring employee’s discussions on social media), whether a federal court’s decision that an Amazon last-mile driver is … Continue reading Amazon Tries to Avoid Class Action in California
It’s hard to believe that more than a month has passed since we welcomed people in person and virtually to the 15th Annual AALS DR Section Works-in-Progress Conference here at the University of Oregon. We had almost sixty registrants, in Eugene and over Zoom, and we saw thirty-six presentations over 1.5 days. It was such … Continue reading The WIP in Pictures
For those among us who teach Professional Responsibility / Ethics courses as well as ADR, just a quick nod (or reminder nod) to the Dolan & Kennedy DC Bar Discipline case available here. The facts are not terribly complicated, although they are pretty horrifying. And the report and recommendation of the Board on Professional Responsibility … Continue reading An Ethics Case with Something for Almost Everyone (who teaches in this field)
This short article presents accounts of ten mediators about the factors affecting how we handle continuing streams of mediations – our mediation systems. These systems are the combination of factors affecting what mediators do before, during, and after mediation sessions. The systems include their routine procedures and strategies for dealing with recurring challenging situations. The … Continue reading Ten Real Mediation Systems
There is no good definition of ADR, as described in a recent post. This post suggests that it’s time for a paradigm shift in our field. Instead of identifying our field as ADR, we should use dispute system design (DSD) as our central theoretical framework. Time for a Paradigm Shift Thomas S. Kuhn’s classic book, … Continue reading Shifting the Central Paradigm to Dispute System Design
Carrie Menkel-Meadow (UC-Irvine) has a new book on the market titled Negotiation: A Very Short Introduction (Oxford 2022). Here’s the Amazon blurb for the book: This Very Short Introduction provides a comprehensive and accessible review of both conceptual and behavioural approaches to the human process of negotiation. Carrie Menkel-Meadow draws on research in constituent fields of human … Continue reading Menkel-Meadow – Negotiation: A Very Short Introduction
If two rocket scientists don’t correctly understand each other’s jargon, things could blow up real fast. If laypeople don’t understand the scientists, however, no problem. It’s quite different in the dispute resolution field. Parties are supposed to actively participate in mediation (and other dispute resolution processes to some extent), and thus they need to understand … Continue reading Houston, We Have a Problem in the Dispute Resolution Field
