Some of you may have seen the news articles (e.g., here and here) in the past day or so reporting on a motion to compel arbitration brought by Disney lawyers in a Florida state court wrongful death case. The widow of a woman who suffered a fatal allergic reaction at a Disney World restaurant is … Continue reading Disney+ to Disney World “Infinite” Arbitration Clause
The Journal of Dispute Resolution recently released Issue 2 of Volume 2024. Here’s a list of the articles in this issue. Click here to access them. Take a look. Alternative Dispute Resolution in Agency Administrative Programs by Kristen Blankley, Kathleen Claussen, and Judith Starr Arbitration and the Mandatory Law Problem: A Mixed Mode ADR Approach … Continue reading Latest Articles in Journal of Dispute Resolution
Donna Shestowsky (UC Davis) recently announced the winner of this year’s AALS Section on ADR “best scholarly article” award. That award goes to Inga Laurent, An Absence of Accountability, 54 (1) Seton Hall Law Review 137-200 (2023). Available at SSRN: https://ssrn.com/abstract=4252910 She also noted that the author has been invited to present the winning article at … Continue reading Winner of AALS Section’s Best Scholarly Article Award for 2023
I recently published It’s Time to Make Important Upgrades to Our Mediation Curriculum, which notes significant changes in American mediation practice in the past five decades and suggests that law school faculty upgrade our mediation instruction accordingly. Modern Mediation Practice in American Legal Cases is a two-page summary of that article, which was published in … Continue reading Modern Mediation Practice in American Legal Cases
Many of us know Ava Abramowitz, a retired Professorial Lecturer in Law at George Washington. She recently gave a presentation at the Garibaldi Inn of Court, “Making Words Matter.” The communication behaviors discussed in her presentation can give mediators, lawyers, disputants and litigants more tools to communicate. and in the process, help them develop additional … Continue reading Ava Abramowitz on Making Words Matter
It’s not breaking news that law school graduates generally have difficulty working with clients, don’t understand the “big picture” of client matters, and aren’t well trained in negotiation. The problem for law students and law schools is exacerbated by the transition to the NextGen bar exam and a movement in various states to use alternative … Continue reading Two Short Articles Proposing Courses Teaching Preparation and Advocacy in Dispute Resolution
It’s really, really hard to assess the wisdom of a settlement from the outside. Almost every settlement represents a tradeoff of legitimate interests in a condition of uncertainty. It’s perhaps extra hard to assess settlements in the context of litigation on behalf of the public. Was a settlement for $X a major victory, a stinging … Continue reading Kamala Harris and Settlements?
From BFFOI Michael Colatrella (McGeorge): I am writing to remind you to register for the 17th Annual AALS Dispute Resolution Works-in Progress Conference at McGeorge School of Law in Sacramento on Friday and Saturday, October 18th and 19th! We will also host an optional welcome dinner on Thursday, October 17th from 5:30 p.m. to 7:30 … Continue reading Registration for AALS DR WIP Conference Now Open!
I was delighted to join an amicus brief filed last week by Professor Imre Szalai in the Flores v NFL (and several teams) bemoaning the current state of the NFL arbitration system where Commissioner Roger Goodell has the final say. You might recall that former coach Brian Flores has sued several NFL teams for racial … Continue reading NFL Arbitration–“A Secret, Rigged, Kangaroo Court”
From Ava Abramowitz: The DC Circuit of the US Court of Appeals is looking for a new director of workplace relations. The director provides confidential and impartial assistance to judges and court employees, including Federal Public Defender’s Office employees, on workplace conduct matters. The director works closely with the Employment Dispute Resolution Coordinators (EDRCs) to … Continue reading Help Wanted: Director of Workplace Relations
