More than a decade ago, as courts began enforcing class action waivers in arbitration agreements, it grew more and more apparent to me that disputants with arbitrable claims of small dollar value would proceed under the respective forum’s small claims arbitration procedures. This warranted a renewed focus on whether those small claims procedures provided disputants … Continue reading CRAPP: A Strategy for Dispute Resolution Reform
Have you seen the classic movie, Gaslight? It’s the story of a husband who slowly manipulates his wife into believing that she is insane because she imagines things, which are real, such as a gaslight flickering. This is the film noir version of the Marx Brothers quip, “Who you gonna believe, me or your lying … Continue reading Un-Gaslighting
From Melissa Buckley at the ABA Section of Dispute Resolution: The ABA Section of Dispute Resolution is now accepting proposals for programs for the 2020 Spring Conference in New Orleans on April 22-25, 2020. Program proposals must be submitted by Monday, September 2nd at 5 pm ET. The 2020 conference will be an excellent opportunity … Continue reading The ABA DR Section is now accepting program proposals for New Orleans
There was an excellent program on methodologies and terminology for research with a real-world focus at June’s past-and-future conference co-sponsored by Pepperdine’s Straus Institute, the ABA Section of Dispute Resolution, and Texas A&M Law’s Aggie Dispute Resolution Program. It featured an all-star cast of Howard Herman, Russell Korobkin, Donna Shestowsky, and Roselle Wissler, with moderation … Continue reading Appreciating Legacy / Engaging Future Program on Methodologies and Terminology for Research with a Real-World Focus
`The HNMCP podcast “Thanks for Listening” has come out with a new episode, this one focused on community dialogue in the wake of the police shooting of Philando Castile. I listened to it yesterday, and it is thought-provoking. Description from HNMCP: The Harvard Negotiation & Mediation Clinical Program has just posted Episode 3 in their … Continue reading “Thanks for Listening” podcast – episode 3
FFOI Debra Berman offers to organize a fabulous practical DR Skills exercise that goes beyond the classroom and normal competitions. She writes: In recent times of declining class sizes, shrinking budgets, and extra focus on the bar exam, practical ADR skills training may not receive the attention it deserves. Students may leave law school without … Continue reading Debra Berman’s Fantastic Offer to Host an Inter-School Negotiation Exercise
I am conflicted about Alexander Acosta’s resignation and the controversy surrounding his decade old plea deal with Jeffry Epstein. On the one hand, I like it when prosecutors are held accountable for their decisions. It happens far too rarely in this country. But, why do we only question when prosecutors give an “easy” or “good” … Continue reading Acosta and Bad Plea Deals
From today’s online WSJ, an article with the tagline “Catholic Church Offers to Settle Abuse Claims – With a Catch: A potential flood of lawsuits has spurred the Catholic Church to offer mediation, only if accusers agree not to sue.” About halfway through the article, the paper describes a “mediation” process under which “Alleged victims tell … Continue reading WSJ on Catholic Church Abuse Mediation in Pennsylvania
These are words of Megan Rapinoe, star of the US Women’s Soccer team, which just won the World Cup. She continued, “We got to know that this is everybody’s responsibility. Every single person here, every single person who’s not here, every single person who doesn’t want to be here. Every single person who agrees and … Continue reading We Have to Love More, Hate Less. We Got to Listen More and Talk Less.
On November 1, the Fordham Law Review, in conjunction with the Conflict Resolution and ADR Program and National Center for Access to Justice at Fordham Law School will present a program entitled “Achieving Access to Justice Through ADR: Fact or Fiction?” ADR is enthusiastically promoted as a vehicle for providing access to justice. For parties, there … Continue reading Achieving Access to Justice Through ADR: Fact or Fiction?
