ADR + LRW

I’m in sunny Las Vegas with our friends from the Saltman Center (ten years old!) attending the SALT Teaching Conference. For the conference, I co-submitted a proposal with Suzanne Rowe, the director of Oregon’s Legal Research and Writing (LRW) Center, so today I’ve been hanging out with LRW types. Here are some things I’ve learned … Continue reading ADR + LRW

Negotiation Ethics and Improvisation

On Friday Michael Wheeler (Harvard Business School) and I will headlining a program at Northwestern University School of Law entitled Negotiation Ethics and Improvisation (program and registration info here).  For those who don’t already know, Michael’s book The Art of Negotiation: How to Improvise Agreement in a Chaotic World, is a great addition to the … Continue reading Negotiation Ethics and Improvisation

Fox on Reimagining Reflexive Dispute Resolution Practice

Ken Fox (Hamline) has published “Mirror as Prism: Reimagining Reflexive Dispute Resolution Practice in a Globalized World” in Washington University Journal of Law and Policy, available here. The abstract: Private dispute resolution processes are an increasingly established global phenomenon. Some processes, like international commercial arbitration, have been formally in pace for more than a century … Continue reading Fox on Reimagining Reflexive Dispute Resolution Practice

Interested in International Commercial Mediation and Conciliation?

My colleague, S. I. Strong, is conducting a survey and invites you to participate:   I am writing to invite you to complete an anonymous electronic survey that will form part of a research project entitled “Perceptions and Use of International Commercial Mediation and Conciliation” that I am conducting in conjunction with the Center for … Continue reading Interested in International Commercial Mediation and Conciliation?

PIABA Releases Study Criticizing Lack of Diversity of FINRA Arbitrator Pool

At a press conference today and accompanying this press release, the Public Investors Arbitration Bar Association announced it had conducted a study of FINRA’s arbitrator roster.  It concluded that the roster lacks diversity (in particular, it is 80% male), and almost half of the pool is 70 years old or older. The study also concluded … Continue reading PIABA Releases Study Criticizing Lack of Diversity of FINRA Arbitrator Pool

Linda Fienberg To Retire from FINRA Dispute Resolution

Linda Fienberg, the long-time President of FINRA Dispute Resolution and FINRA’s Chief Hearing Officer, announced her retirement last month.  (This post is long overdue, I know.)  She joined FINRA in 1996 and, since then, has worked hard to reform the arbitration process to further FINRA’s investor protection mission.  While some of her decisions arguably were … Continue reading Linda Fienberg To Retire from FINRA Dispute Resolution

Tippett on Child Abuse as Employment Dispute

Liz Tippett (Oregon) has published “Child Abuse as an Employment Dispute” in Quinnipiac Health Law Journal, available on SSRN. The abstract: Child abuse has traditionally been viewed as the exclusive province of the child welfare system and the police. But when child abuse accusations are made against an employee, such as a teacher or a … Continue reading Tippett on Child Abuse as Employment Dispute

Menkel-Meadow on Other Forms of Justice

Carrie Menkel-Meadow (UC Irvine) has published “Unsettling the Lawyers: Other Forms of Justice in Indigenous Claims of Expropriation, Abuse, and Injustice” in the University of Toronto Law Journal, available on SSRN. The abstract: This article considers, from the experience of the Indian Residential Schools Settlement, the limitations of the current formal justice system and the … Continue reading Menkel-Meadow on Other Forms of Justice