A federal district court in New Jersey held that a class action arbitration waiver contained in an arbitration agreement between a consumer and a business is enforceable even though the state court had held that such waivers are unconscionable. Litman v. Cellco Partnership, No. 07-CV-4886 (2008). See http://www.wileyrein.com/docs/docs/215.pdf The federal court found that the Federal … Continue reading Class Action Arbitration Waiver in Consumer Contract Enforceable
At AALS in early January, a number of us were on a panel musing about the future of dispute resolution writ large and then the impact that technology and other changes were going to have on legal education. This is John’s follow-up to that panel and I invite you to use the comments to expand … Continue reading The Future of DR Legal Education from John Lande
Yesterday evening, John Lande sent around the following email on the AALS listserve: Doug Yarn has a desperate need for “outlandish mediation techniques” that worked. If you can help, please let him know as soon as possible — email him at firstname.lastname@example.org This got me thinking–first, if you do have any good ideas and you … Continue reading Outlandish Mediation Techniques?
I am delighted to post here a guest blog from Carrie Menkel-Meadow: On the eve of the Israeli bombing of Hamas sites in Gaza, I returned from the most recent of two trips to Israel and the West Bank. My mission, as a conflict resolution expert, practitioner and teacher, is to facilitate learning about conflict. My work … Continue reading When Will They Every Learn? by Carrie Menkel-Meadow
As we begin to dive into the Spring semester, you’ll find yourself thinking about making flight reservations for the ABA Dispute Resolution Section’s Annual Meeting in April. We want you to know about a new program we’re testing out: Law Professors’ Teaching Forum: Mediation Shop Talk. It will be held on Saturday April 18, from … Continue reading Calling All Mediation Professors – Your Plans for the ABA DR Section’s 2009 Annual Meeting
The Chrnonicle of Higher Education ran an article by this title today. In it, they talk about the trend in some law schools toward having specializations within the JD program and with joint-degree programs. Predictably, some think it’s a great idea (showing off the strengths of the school, tailoring to the needs of the students, … Continue reading Law Schools Customize Degrees to Students’ Taste…
David Moora of the ABA Section on Dispute Resolution advised me about a new resource page regarding residential foreclosure mediation. The resources, put together by the ABA Section on Dispute Resolution’s Mediation Committee, include, “descriptions and links to programs from ten states that have mandated the use of mediation in foreclosure actions; the page also … Continue reading Useful Information about Foreclosure Mediation
Consider this a friendly reminder that the registration deadline for the ABA’s Representation in Mediation Competition is quickly arriving – January 31, 2009. Entry forms are online and a list of regional host schools is accessible from the competition’s home page at http://www.abanet.org/dispute/mediationcomp.html. Competition problems will be released the first week of February. Additionally, for … Continue reading Registration Deadline – ABA Representation in Mediation Competition
From SSRN’s NEGOTIATION & DISPUTE RESOLUTION ABSTRACTS, another interesting article co-authored by Theodore Eisenberg, this time with Charlotte Lanvers: “What is the Settlement Rate and Why Should We Care?” The abstract of the paper states: After establishing the importance of knowledge of settlement rates, this article first shows that different research questions can yield different … Continue reading Settlement Rates for cases closer to 67% than 90%
I just finished grading my Civil Procedure exams for this semester. I was sorely tempted to give my students the facts of Mutual of Enumclaw v. Cornhusker Casualty Insurance Co, 2008 WL 4330313 (E.D.Wash. 2008) as the basis for my exam. The question demanded an understanding that was just a little too much for me … Continue reading The Erie Doctrine Meets the Uniform Mediation Act
American Caribbean Law Initiative (ACLI) Conference Call for Papers – Dispute resolution and restorative justice Port of Spain, Trinidad Tobago July 10-12, 2009 Deadline for Panel Proposals: February 1, 2009 Deadline for Paper Abstracts: February 15, 2009 The American Caribbean Law Initiative (ACLI) is requesting paper abstracts and panel proposals for its Summer 2009 … Continue reading Call for Papers in Dispute Resolution–Somewhere Warm Too!
Berkeley researchers have found new tests that can better predict success in the practice of law than the LSAT. Not suprisingly to those of us in the dispute resolution field, the skills missed by the LSAT but needed for successful practice include creativity, negotiation, and problem-solving. Berkeley law professor Marjorie Shultz and Berkeley psychology professor Sheldon … Continue reading Negotiation Skills on the LSAT?