Class Action Arbitration Waiver in Consumer Contract Enforceable

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

When Will They Every Learn? by Carrie Menkel-Meadow

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

Calling All Mediation Professors – Your Plans for the ABA DR Section’s 2009 Annual Meeting

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

Law Schools Customize Degrees to Students’ Taste…

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…

Useful Information about Foreclosure Mediation

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

Registration Deadline – ABA Representation in Mediation Competition

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

Settlement Rates for cases closer to 67% than 90%

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%

Call for Papers in Dispute Resolution–Somewhere Warm Too!

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!

Negotiation Skills on the LSAT?

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?