My colleague, S.I. Strong, forwarded this message: The International Mediation Institute (“IMI”), a non-profit standards body, is conducting international census research on the state of mediation today. The survey will be screening the following perspectives: • Those who (may) use mediation (“Users”) • Those who (may) recommend using mediation as an external counsel, consultant, or … Continue reading IMI Wants YOU to Complete this Survey
As i blogged here and here, in mid-2014, FINRA appointed a Task Force, Chaired by (retired) Professor Barbara Black, my former colleague and frequent co-author, “to consider possible enhancements to its arbitration forum to improve the transparency, impartiality and efficiency of FINRA’s securities arbitration forum for all participants.” The 13-member Task Force includes forum arbitrators, representatives from … Continue reading FINRA Dispute Resolution Task Force Issues its Final Report and Recommendations
Arbitration guru Imre Szalai (Loyola) provides us with his thoughts on the Supreme Court’s recent DirecTV case. Naturally Imre kicked off the listserv thread Jill mentioned yesterday. And here’s a link to Imre’s arbitration blog for further info on the case. Earlier today, the Supreme Court issued its decision in DirecTV v Imburgia. Three issues … Continue reading Szalai: DirecTV v. Imburgia Turns Arbitration Law On Its Head
As Art posted yesterday, the Supreme Court once again held that the Federal Arbitration Act preempts a conflicting state law. The DRLE listserv already has featured some interesting commentary about the case and the Justices’ tone in both the majority and dissent. I am posting today to provide a few more details of the case and … Continue reading More on DirectTV v. Imburgia
Today the Supreme Court handed down its opinion in DirecTV v. Imburgia today. No surprises here – the FAA acts as glue when there is an arbitration clause in a contract. Maybe most surprising in Justice Breyer’s opinion is the “and we mean it” exhortation to the lower courts. In an ironic twist, this finger-wagging … Continue reading SCOTUS hands down DirecTV v. Imburgia opinion today
Newly elected Speaker of the House of Representatives Paul Ryan invited Minority Leader Nancy Pelosi to dinner the other night. “A Ryan aide said the two lawmakers talked shop for a short time and spent most of the evening getting to know each other.” This is consistent with my suggestion that counterpart lawyers have lunch … Continue reading Getting to Know You
Here’s an account of the negotiations leading up to the international climate change agreement. Apparently, there was an accidental change of the word “should” to “shall” in one passage, which almost sunk the deal. A lesson to law students and lawyers everywhere. The story of this extremely complex negotiation really is fascinating, especially following the … Continue reading One Word
Michael posted a five-part series – parts 1, 2, 3, 4, and 5 – by Heather Kulp, entitled “Fallacies About ADR Careers?” I have some reactions to her series and we are going to have a conversation online. This is the first part in our conversation. Stay tuned for Heather’s response. And feel free to … Continue reading Conversation with Heather Kulp About ADR Careers – Part 1
From GFOI Jim Alfini: Dear Colleagues: I am writing to solicit your interest in having a get-together at 11:00 am on Friday, January 8, at Cardozo Law School. The purpose of this meeting is to give those of us who teach dispute resolution courses and are attending the AALS meetings (or reside within reasonable traveling … Continue reading The Pleasure of Your Company is Requested at the AALS Meeting
I recently posted an item citing the IAALS’s work touting the benefits of the new amendments to the Federal Rules of Civil Procedure. For a counterpoint, here’s a draft article by SMU Professor Elizabeth G. Thornburg, Cognitive Bias, the ‘Band of Experts,’ and the Anti-Litigation Narrative. Here’s the abstract: In December of 2015, yet another … Continue reading Another View of the New FRCP Rules
