Dispute Resolution in the Year 2050 (Or Maybe Just 2025)

As the Chair-Elect of the Alternative Dispute Resolution Section of the Association of American Law Schools (AALS), I’m responsible for organizing the Section’s workshop for its annual meeting in January, 2009. I’ve had the good fortune to work with a wonderful group of colleagues (including my fellow bloggers) on this project. We’ve decided on a … Continue reading Dispute Resolution in the Year 2050 (Or Maybe Just 2025)

The Four Ways to Assure Mediator Quality (and why none of them work)

Shameless self-promotion alert! Earlier today, I posted my first draft of an article entitled The Four Ways to Assure Mediator Quality (and why none of them work) I gave a presentation by the same title at Harvard Law School’s Dispute Resolution Forum about six weeks ago, and this draft reflects much of the feedback I … Continue reading The Four Ways to Assure Mediator Quality (and why none of them work)

JAMS Announces a Fellowship Opportunity and a Call for Proposals

Jay Folberg, Executive Director of the JAMS Foundation, recently sent out an announcement about the JAMS-sponsored Weinstein International Fellowship and about the foundation’s call for proposals regarding conflict resolution training for school teachers. Unless I lose another battle with the technology underlying this blog, I will post the announcements below. I believe the information is … Continue reading JAMS Announces a Fellowship Opportunity and a Call for Proposals

Opportunity to Participate in Vaden Amicus Brief

Rick Bales reports on Labor Prof blog at http://lawprofessors.typepad.com/laborprof_blog/2008/03/amicus-opportun.html that: Imre Szalai (California Western) is organizing an amicus brief of law professors to be filed in Vaden v. Discover Bank, 07-773. Vaden presents the issue, as described by SCOTUSBlog, of whether a suit seeking to enforce an arbitration obligation under state law is within the … Continue reading Opportunity to Participate in Vaden Amicus Brief

US News Ranks Law School Dispute Resolution Programs

Although I am not a big believer in the US News ranking system, today, US News released the Dispute Resolution Program rankings, along with their overall law school rankings. You can find the dispute resolution rankings here: http://grad-schools.usnews.rankingsandreviews.com/grad/law/dispute. The rankings are as follows: 1. Pepperdine 2. Harvard, University of Missouri-Columbia 4. Hamline 5. Ohio State … Continue reading US News Ranks Law School Dispute Resolution Programs

Hall Street & “a la carte justice on demand”

In response to Sarah Cole’s initial posting on the Hall Street decision, ohwilleke wrote: The clearest purpose I can see for the ruling is an institutional perogative of the judicial branch which does not want to be compelled to provide a la carte justice on demand.       What’s interesting about the hypothesis ohwilleke offers is that … Continue reading Hall Street & “a la carte justice on demand”

Additional Thoughts on Hall Street v. Mattel — Whither Manifest Disregard?

One of my colleagues expressed concern that the Hall Street decision might eliminate the use of the manifest disregard standard of review. I don’t think it will but am curious if anyone out there disagrees. Here is why I think manifest disregard still exists: The Court said that the manifest disregard standard is different than … Continue reading Additional Thoughts on Hall Street v. Mattel — Whither Manifest Disregard?

Hall Street Decision Today: Parties Cannot Expand Judicial Review of Arbitration Awards

The Supreme Court decided Hall Street Associates today. Find the decision at: http://www.scotusblog.com/wp/ I am surprised by the 6-3 decision, authored by Justice Souter. The Court emphatically stated that sections 10 and 11 of the FAA are the exclusive grounds for expedited vacatur and modification of arbitration awards. The Court rejected the argument that the … Continue reading Hall Street Decision Today: Parties Cannot Expand Judicial Review of Arbitration Awards

“Teaching Hard Bargaining in an Interest-Based Negotiation Course”

Richard Reuben kindly has agreed to permit us to post the contents of the presentation he gave at the AALS meeting in January 2008 entitled “Teaching Hard Bargaining in an Interest-Based Negotiation Course.” Richard’s basic premise is NOT that hard bargaining ought to supplant instruction in interest-based bargaining. Nor does he argue that hard bargaining … Continue reading “Teaching Hard Bargaining in an Interest-Based Negotiation Course”