Noam Ebner posted a comment on the DRLE listserv about the recent series of articles in the New York Times about arbitration. I wrote the following comment, in part, responding to his. I am reproducing his comment with his permission. In my comments below, I added a paragraph which wasn’t in my listserv comment, about … Continue reading Problems with the New York Times Series on Arbitration
In 2000, NASD (now FINRA) spun off its dispute resolution subsidiary from its regulatory functions to bolster investors’ perception that the forum is neutral and to enhance the credibility of its securities arbitration and mediation services. Last month, the SEC released for public comment a proposal FINRA filed to merge its Dispute Resolution subsidiary into … Continue reading FINRA’s Bad Idea to Merge its Dispute Resolution Subsidiary into FINRA Regulation, Inc.
As you may know, the Institute for the Advancement of the American Legal System (IAALS), is a “national, independent research center dedicated to facilitating continuous improvement and advancing excellence in the American legal system.” It is an impressive, high-powered organization based in the University of Denver. It just released a new report entitled, Change the … Continue reading PEDR is Important for Culture Change in Courts
From our colleagues and friends at the Harvard Law School Negotiation & Mediation Clinical Program. MM – – – – – This is the fifth in a five-part series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and … Continue reading Fallacies about ADR Careers? – Part 5
On October 7, the University of Missouri School of Law hosted an implicit bias information session with law students, led by Missouri psychology professor Laura Scherer. The session was streamed live to the University of Oregon School of Law, where our students were able to watch and submit questions to Missouri via email. It was … Continue reading ADR and Implicit Bias: An Interview
Hi all–back from soggy Texas and the Works in Progress conference. I hope to post several of the papers that were presented (nudge to others to send me!) and am delighted to start with Lauren Newell’s paper on Rebooting Empathy for the Digital Generation. This is the continuation of her work that she started in … Continue reading Teaching to the Digital Generation
From our colleagues and friends at the Harvard Law School Negotiation & Mediation Clinical Program. MM – – – – – This is the fourth in a five-part series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and … Continue reading Fallacies about ADR Careers? – Part 4
Elayne Greenberg (St. John’s) has published Fitting the Forum to the Pernicious Fuss: A Dispute Systems Design to Address Implicit Bias and ‘Isms in the Workplace in the Cardozo Journal of Conflict Resolution. Abstract here. Read on for two micro-analyses or “quick takes” on Elayne’s article, in which two professors choose a line from the … Continue reading Two Quick Takes on Greenberg: Implicit Bias and DSD
From our colleagues and friends at the Harvard Law School Negotiation & Mediation Clinical Program. MM – – – – – This is the third in a five-part series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and … Continue reading Fallacies about ADR Careers? – Part 3
You might like to read the cover story in the November 2015 issue of the ABA Journal, “Lawyers Shackled by Fear, Fear Not: While Feelings of Dread May Be Endemic to the Legal Profession, They Can Be Transformed to Positive Effect,” which features my article, Escaping from Lawyers’ Prison of Fear. (Click on the title … Continue reading Escaping Lawyers’ Prison of Fear in Litigation and Negotiation
