SEC Approves FINRA Proposal to Further Revise Definition of Public and Non-Public Arbitrator

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The SEC approved FINRA’s proposal to ” refine and reorganize the definitions of ‘non-public’ arbitrator and ‘public’ arbitrator.”  Customers who file an arbitration claim against a broker dealer or associated person now has the right to an all-public arbitration panel, so the definitions of who fits the two classifications are high stakes.  This proposal is misguided, … Continue reading SEC Approves FINRA Proposal to Further Revise Definition of Public and Non-Public Arbitrator →

No Surprise — Iskanian Court Enforces Class Action Waiver

From the Daily Labor Report (BNA): “Under directions from the California Supreme Court, the California Court of Appeal Feb. 26 held that class action and arbitration waivers in an agreement between a trash removal company and an employee are enforceable as to the worker’s individual wage and hour claims under state law (Franco v. Arakelian … Continue reading No Surprise — Iskanian Court Enforces Class Action Waiver →

Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri

The Center for the Study of Dispute Resolution at the University of Missouri School of Law announced the winners of a law student writing competition held in conjunction with the Missouri Law Review symposium entitled “Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson.” Professor S.I. Strong organized the competition, which asked … Continue reading Missouri DR Center Announces Winners of Student Writing Competition Regarding Events in Ferguson, Missouri →

Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes

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Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts.  She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States.  A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes →

Litigation as Violence

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I just read a provocative article entitled, “Litigation as Violence,” by Vincent Cardi (West Virginia), 49 Wake Forest L. Rev. 677 (2014). You may want to assign this nine-page article (and/or this post) in your classes, which may stimulate valuable discussion about the consequences of lawyers’ work for their clients – and themselves. Professor Cardi … Continue reading Litigation as Violence →

How Can You Get a Piece of the Action?

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In a series of posts, I described significant problems with the traditional negotiation paradigm of two coherent models, positional and interest-based negotiation (or other labels for essentially the same models). This paradigm has been helpful in moving us forward in recent decades. But simply saying that something was a interest-based or positional negotiation not only … Continue reading How Can You Get a Piece of the Action? →

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