On SSRN, Chris Drahozal and Quentin Wittrock posted an article analyzing whether franchisors are moving away from mandatory arbitration. Their abstract states: Reports of dissatisfaction with arbitration are increasingly frequent. A recent article by Eisenberg and Miller suggests that businesses are fleeing arbitration, while [a]necdotal evidence suggests that franchisors are either abandoning arbitration altogether or … Continue reading Is there a flight from arbitration?
I just commented on a case from an Ohio Appellate Court where, according to adrworld.com, “the court ruled that a party’s consent to arbitrate an employment discrimination claim through the filing of a counterclaim that was later dismissed did not constitute a waiver of that party’s right to bring the same action in court where … Continue reading Cercone v. Merrill Lynch (Ohio Appellate Court)
The International Institute for Conflict Prevention & Resolution (CPR Institute) has announced its Corporate Leadership prize for 2008, and it’s going to Microsoft and Brad Smith, Microsoft’s General Counsel. The press release mentions Microsoft’s highly visible encounter with ADR in the context of the US v Microsoft antitrust litigation. I don’t have enough familiarity with … Continue reading CPR Prize to Microsoft
Of course, headline writers invariably overstate what the subsequent article actually says. The NYT Business Section ran an article by this title last week, and the headline-to-content mismatch is no more egregious than is probably typical for such articles. The newspaper article describes a soon-to-be published empirical study of settlement behavior, the conclusion of which, … Continue reading The New York Times: “Study Finds Settling is Better than Going to Trial”
As my friend Avi Schneebalg emailed me last month to let me know and the ABA Section on Dispute Resolution newsletter just posted, the EU passed a new mediation directive at the end of April. Here’s the summary from the ABA: “On April 23, 2008 the European Parliament formally approved a Directive to promote the … Continue reading EU Passes New Mediation Directive
The Respondents in the Pyett v. 14 Penn Plaza case, to be argued in the United States Supreme Court this fall, filed their brief this week. http://www.adrworld.com/si.asp?id=2498 Pyett’s argument is based primarily on a belief that Gardner-Denver, is still good law. According to respondents, “This Court’s holding in Alexander v. Gardner-Denver-Co., 415 U.S. 36 (1974), … Continue reading Pyett Files Brief in Supreme Court Arbitration Case
Daniel Schwarcz of the University of Minnesota recently posted an article to SSRN entitled, “Toward a New Approach to Resolving Consumer Insurance Disputes.” Schwarcz’s background is entirely in Insurance Law, and he is a self-confessed newcomer to ADR. He asked that I post a link to his article, with the hopes that he’ll receive feedback … Continue reading ADR in Insurance Claims – Possible Lesson from the UK?
I am linking here to a terrific post by Amos Guiora and Martha Minow about the exchange that happened last week between Israel and Hizbollah. They note two very important negotiation issues ongoing in the exchange of five convicted–and live terrorists–for two bodies of Israeli soldiers. One is the ongoing Israeli commitment to leave no Israeli soldier … Continue reading Negotiating with Terrorists–What is the Correct Exchange Rate?
As posted on the Contracts Law Prof Blog this past Monday, a Missouri Court of Appeals held that Hallmark’s ADR program was not a contract that could bind an employee to mandatory ADR. As Professor Meredith Miller wrote, “Mary Kay Morrow began employment with Hallmark in 1982. In 2002, the company adopted an ADR program. … Continue reading Perhaps a Chink in the Arbitration Armor?
As reported on the Wall Street Journal law blog on July 16th, a Covington partner demonstrated strip searches endured by his clients at Guantanamo Bay by dropping his own pants at a press conference in Yemen. This is truly taking empathy to another level! Also interesting are the follow-up comments on the blog condemning or … Continue reading Empathy with your Gitmo Client
On a more serious note this week concerning Belgium, the Prime Minister has tendered his resignation to King Albert II. To play out this scenario yourself, you can “Play the News” at Impact Games regarding Belgium. Whether the Belgians will face another 9 months of constitutional stalemate is an interesting dilemma. By the way, still … Continue reading Belgian Schism–Not so Funny
The Institute of Legal Reform, an arm of the U.S. Chamber of Commerce, released a study today that offers further evidence that arbitration can be beneficial to consumers in their disputes with businesses. According to the report, at www.instituteforlegalreform.com/media/pressreleases/20080715.cfm, consumers fare better in arbitration than in litigation: “The new analysis, conducted by Navigant Consulting, looked … Continue reading Latest Empirical Study Supports Use of Consumer Arbitration