Joint Fact Finding

An interesting blog post from CBI (Consensus Building Institute) about joint fact finding processes in science-heavy public policy contexts. Per Pat Field: The traditional ways of generating information in stovepipes – via the academy, industry, government, or NGOs – are not meeting the three-pronged test of useable science and technical studies:  credible, legitimate, and salient. … Continue reading Joint Fact Finding

Comes Now NDR v.2

I am thrilled to be part of the highly anticipated second edition of The Negotiator’s Desk Reference, recently published by Mitchell Hamline’s DRI Press. The NDR comprises two volumes and brings together articles from numerous scholars (including our bloggers!) across a wide variety of disciplines. Five years ago, I attended a conference at Marquette to … Continue reading Comes Now NDR v.2

Natural Disasters, Stakeholder Engagement and Dispute Resolution

The following notice about our upcoming conference at Texas A&M is from  my wonderful colleague, and FOI, Nancy Welsh: Dear Colleagues, On Friday, April 13, 2018, Texas A&M University School of Law will hold a conference entitled Natural Disasters, Stakeholder Engagement and Dispute Resolution. The conference will address how dispute resolution and collaborative processes can … Continue reading Natural Disasters, Stakeholder Engagement and Dispute Resolution

Stone Soup:  It’s a Great Idea But . . .

We all know about situations when people say that they really like the idea of ADR, but it’s not appropriate in their particular case.  Sometimes there are very good reasons not to use an ADR process.  Other times, not so much. There may be similarities in some people’s reaction to the idea of using a … Continue reading Stone Soup:  It’s a Great Idea But . . .

New York State Proposes Amending its Arbitration Law

I recently became aware that, through its budget process, New York State legislators are seeking to amend New York’s arbitration law (contained in its Civil Practice Law and Rules) to, among other things, require that all arbitrators be neutral (i.e. no party arbitrators); require certain disclosures by arbitrators relevant to possible bias; permit vacatur based … Continue reading New York State Proposes Amending its Arbitration Law

Arbitration Clauses in Summer Associate Contracts for Employment

For those of you who don’t follow the lawprof listserv, Ben Davis (Toledo) had an interesting link to an article describing the use of arbitration clauses in summer associate employment contracts.  In response to that message, Brian Farkas, one of Cardozo’s super adjuncts, had this response that I thought would be enlightening for our broader … Continue reading Arbitration Clauses in Summer Associate Contracts for Employment

The Stone Soup Project Needs YOU!

      This post summarizes a status report on the Stone Soup Dispute Resolution Knowledge Project, describes possible next steps, and invites your input and participation.  I encourage you to consider how you might incorporate Stone Soup in your plans for next year.  In particular, this post describes choices you might make in using … Continue reading The Stone Soup Project Needs YOU!

Farkas on Legal Education

Check out the contribution of Brian Farkas (Cardozo) over at Prawfsblawg, as part of their online symposium on the future of legal education. Brian calls for greater adoption of mediation and arbitration in doctrinal courses, to better prepare students for the realities of legal practice. It’s a terrific post.