An Unfortunate Proposal to Encourage Plea Bargaining Early and Often

  The UK Ministry of Justice is proposing to save £220 million (approximately $351 million) by paying lawyers so that they will receive more money if they plead their clients guilty early in their criminal case, rather than waiting longer or going to trial.  According to the London Criminal Courts Solicitors Association, there are situations … Continue reading An Unfortunate Proposal to Encourage Plea Bargaining Early and Often

“Maryland Agrees to Mediation to Resolve College-Desegregation Ruling”

From this morning’s Chronicle of Higher Ed (here). The state of Maryland and lawyers representing historically black colleges have agreed to mediation after a federal judge ruled this month that the state had failed to fully desegregate its public higher-education system. The ruling stemmed from a 2006 lawsuit filed by students and alumni of the … Continue reading “Maryland Agrees to Mediation to Resolve College-Desegregation Ruling”

“The Pros and Cons of ADR Clauses”

Article by that title in this morning’s National Law Journal (here).  Of course, with that title, it could have been book-length.  But the article, written by two partners at Sidley Austin in L.A., really focuses only on arbitration.  The authors captured employer sentiment beautifully with the phrase, “You Had Me at Class Action Waiver.”  It’s … Continue reading “The Pros and Cons of ADR Clauses”

“Music During Times of Conflict”

Next week, my alma mater (Marietta College in Ohio) is presenting a fall concert titled, “Music During Times of Conflict.”  Really interesting to think about conflict through lens of a music department, and even though I’ve long been a vocal proponent of an interdisciplinary / liberal arts approach to understanding conflict, I confess that I’d … Continue reading “Music During Times of Conflict”

Third Circuit Rejects Delaware Chancery Arbitration Scheme

The Third Circuit has affirmed the District Court decision striking down Delaware’s Chancery Arbitration scheme in Delaware Coalition for Open Government v. Strine. Like the District Court, the Third Circuit applied the “experience and logic test” to conclude that the First Amendment confers a right of public access to the Chancery arbitrations because there has been … Continue reading Third Circuit Rejects Delaware Chancery Arbitration Scheme

Tippett on Mediation a la Carte

Liz Tippett (Oregon) has posted a short abstract outlining her new project, Mediation a la Carte: Improving the Transparency and Diversity of Mediator Styles. It is a must-read for those of us interested in the implications of the various approaches available to mediators and disputants. You can review her abstract here.