As you may have seen on the DRLE listserv, Jean Sternlight (UNLV) will receive this year’s Award for Outstanding Scholarly Work at the ABA Section of Dispute Resolution conference next month. UNLV has named Hal Abramson (Touro) and Lisa Blomgren Amsler (Indiana School of Public and Environmental Affairs) as its first Saltman Senior Scholars. Last … Continue reading Awards and Recognitions
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
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
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
FOI Jim Alfini (South Texas) sends this follow up to his announcement of Judge Enslen’s death on the list serv last week. This past week, we lost a pioneer in the modern ADR movement. Judge Richard Enslen passed away at the age of 83. As Chief Judge of the United States District Court for the … Continue reading Alfini on Judge Richard Enslen
I am happy to post this letter from Bernie Mayer announcing his new book. Having read and reviewed the book, I can only repeat what I said before: I LOVE it! Dear Friends and Colleagues: I am pleased to announce that my new book, The Conflict Paradox: Seven Dilemmas at the Core of Disputes, is … Continue reading The Conflict Paradox
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
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?
Last summer I blogged about Bravo’s divorce mediation tv show Untying the Knot, that follows New Jersey mediator Vikki Ziegler (a Quinnipiac law grad – go Bobcats!) as she assists couples in the divorce process. Even though it really is an Early Neutral Evaluation show, it’s a great classroom tool, which I intend to use … Continue reading Untying the Knot – Returns for 2nd Season
Kristen Blankley, who has written on the issue of perjury in arbitration and teaches dispute resolution and ethics courses at the University of Nebraska College of Law, offers additional thoughts (at my request) on the Armstrong arbitration award issued yesterday. From Kristen: Earlier this week, SCA Promotions, a Texas company, filed a motion in Texas … Continue reading Further Thoughts on Armstrong Arbitration Award
