Category Archives: Litigation

Judges as Arbitrators? See Delaware…

Last weekend on the Harvard Law School Forum for Corporate Governance, partner Rachelle Silverberg from Wachtell Lipton posted the following blog: New rules took effect February in Delaware governing the arbitration of business disputes in the Delaware Court of Chancery. The rules implement amendments to Delaware law, adopted last year, granting the Chancery Court jurisdiction to … Continue reading Judges as Arbitrators? See Delaware…

Overcoming the Difficulties of Teaching Negotiation Ethics – AALS ADR Section Program, Part 1

It’s hard to believe that it’s been two months since the AALS Annual Meetings in New Orleans (was it cold there or what?).  I had promised to give a report about the ADR Section’s program, and it’s taken me longer to get to this than anticipated to to it.  Nevertheless, the program was first-rate and … Continue reading Overcoming the Difficulties of Teaching Negotiation Ethics – AALS ADR Section Program, Part 1

Washington & Lee and the United Nations Host a Joint Symposium on International Investment and ADR

In a wonderful example of academia working with practitioners, I am delighted to announce this conference: On March 29, 2010, Washington and Lee School of Law will host a Joint Symposium with the United Nations Conference on Trade and Development (UNCTAD) to explore the prevention and efficient management of investment treaty disputes. The event will … Continue reading Washington & Lee and the United Nations Host a Joint Symposium on International Investment and ADR

ADR Meets Bankruptcy, Pt. 2 – Designing Dispute Systems

Dispute systems design is an emerging part of the broader discipline of dispute resolution, as evidenced by, among other things, the conference on dispute systems design at Harvard last year featuring Andrea and Michael, among many others.  When scholars in the dispute resolution community think of concrete examples of domestic dispute systems design, we often … Continue reading ADR Meets Bankruptcy, Pt. 2 – Designing Dispute Systems

ADR Meets Bankruptcy: Cross-Purposes or Cross-Pollination?

Our friends at St.Johns in NYC are hosting an interesting conference on the intersection of bankruptcy and dispute resolution entitled ADR Meets Bankruptcy: Cross-Purposes or Cross-Pollination?  There’s a good line-up of speakers, which should make the program worth your time if you can go.  In this economic climate, I expect there’s plenty of intersection of … Continue reading ADR Meets Bankruptcy: Cross-Purposes or Cross-Pollination?

Settlement Rates for cases closer to 67% than 90%

From SSRN’s NEGOTIATION & DISPUTE RESOLUTION ABSTRACTS, another interesting article co-authored by Theodore Eisenberg, this time with Charlotte Lanvers: “What is the Settlement Rate and Why Should We Care?” The abstract of the paper states: After establishing the importance of knowledge of settlement rates, this article first shows that different research questions can yield different … Continue reading Settlement Rates for cases closer to 67% than 90%

Alternatives to Alternatives: The EEOC’s Next Experiments

I read recently that the Equal Employment Opportunity Commission has voted to permit pilot projects aimed at developing alternative ways of processing EEO complaints.  I have not read the details of the draft regulation.  As I understand it, the principal motivation for the regulation is to encourage creativity and flexibility in the handling of these … Continue reading Alternatives to Alternatives: The EEOC’s Next Experiments

What’s the Problem? (with the problems mediation tries to solve)

Len Riskin and Nancy Welsh recently posted a version of their article, “Is that All There is?  The ‘Problem’ in Court-Oriented Mediation.”  I gather from the taglines that it will be published in the George Mason Law Review later this year, and I look forward to seeing the final version. The question Len and Nancy … Continue reading What’s the Problem? (with the problems mediation tries to solve)