On Friday Michael Wheeler (Harvard Business School) and I will headlining a program at Northwestern University School of Law entitled Negotiation Ethics and Improvisation (program and registration info here). For those who don’t already know, Michael’s book The Art of Negotiation: How to Improvise Agreement in a Chaotic World, is a great addition to the … Continue reading Negotiation Ethics and Improvisation
Ken Fox (Hamline) has published “Mirror as Prism: Reimagining Reflexive Dispute Resolution Practice in a Globalized World” in Washington University Journal of Law and Policy, available here. The abstract: Private dispute resolution processes are an increasingly established global phenomenon. Some processes, like international commercial arbitration, have been formally in pace for more than a century … Continue reading Fox on Reimagining Reflexive Dispute Resolution Practice
My colleague, S. I. Strong, is conducting a survey and invites you to participate: I am writing to invite you to complete an anonymous electronic survey that will form part of a research project entitled “Perceptions and Use of International Commercial Mediation and Conciliation” that I am conducting in conjunction with the Center for … Continue reading Interested in International Commercial Mediation and Conciliation?
At a press conference today and accompanying this press release, the Public Investors Arbitration Bar Association announced it had conducted a study of FINRA’s arbitrator roster. It concluded that the roster lacks diversity (in particular, it is 80% male), and almost half of the pool is 70 years old or older. The study also concluded … Continue reading PIABA Releases Study Criticizing Lack of Diversity of FINRA Arbitrator Pool
Linda Fienberg, the long-time President of FINRA Dispute Resolution and FINRA’s Chief Hearing Officer, announced her retirement last month. (This post is long overdue, I know.) She joined FINRA in 1996 and, since then, has worked hard to reform the arbitration process to further FINRA’s investor protection mission. While some of her decisions arguably were … Continue reading Linda Fienberg To Retire from FINRA Dispute Resolution
Liz Tippett (Oregon) has published “Child Abuse as an Employment Dispute” in Quinnipiac Health Law Journal, available on SSRN. The abstract: Child abuse has traditionally been viewed as the exclusive province of the child welfare system and the police. But when child abuse accusations are made against an employee, such as a teacher or a … Continue reading Tippett on Child Abuse as Employment Dispute
This is the season when a flood of promotional literature flows through the mailboxes of law professors, coincidentally right before the US News surveys arrive. So if you are one of the usual suspects, it would be quite understandable if Missouri’s contribution to this genre entitled, “The Art of Teaching Dispute Resolution,” ended up in … Continue reading ICYMI
Carrie Menkel-Meadow (UC Irvine) has published “Unsettling the Lawyers: Other Forms of Justice in Indigenous Claims of Expropriation, Abuse, and Injustice” in the University of Toronto Law Journal, available on SSRN. The abstract: This article considers, from the experience of the Indian Residential Schools Settlement, the limitations of the current formal justice system and the … Continue reading Menkel-Meadow on Other Forms of Justice
Earlier this week, I was driving to an appointment, and I heard someone talking about Mediation. Only after it was over did I realize that I was listening not to an NPR story, nor to a law-focused podcast, nor to the voices in my heads. I had been listening to a radio ad. On an FM … Continue reading And then on the radio I heard …
On October 6, the Alliance for Justice will release Lost in the Fine Print, a short documentary featuring Robert Reich criticizing “forced arbitration.” (A description and trailer for the movie, plus information about teaching resources and a petition, are available here.) AFJ uses the term “forced arbitration” to refer to what is more commonly known in the … Continue reading “Lost in the Fine Print” – Robert Reich Film on Forced Arbitration
