Customers’ Perceptions of (Un)fairness in Securities Arbitration

Professors Jill Gross and Barbara Black recently submitted Perceptions of Fairness of Securities Arbitration: An Empirical Study to the Securities Industry Conference on Arbitration.  The study is based on survey responses received from customers (comprising approximately 45% of those responding), corporate representatives of securities brokerage firms and persons associated with the firms (22%) and lawyers … Continue reading Customers’ Perceptions of (Un)fairness in Securities Arbitration

Ethical Codes and the Commercial Mediator

At the 2008 AALS Section meeting, Dwight Golann and Ellen Waldman (two of the most thoughtful scholars of mediation ethics I know) presented a talk entitled “Ethical Codes and the Commercial Mediator.” They have graciously agreed to share the powerpoint materials they used in the presentation. (Attached below.) I am hopeful that we may entice … Continue reading Ethical Codes and the Commercial Mediator

Supreme Court Decision in Preston Today!

The question at issue in Preston v. Ferrer, 552 U.S. ___ (February 20, 2008), was whether the Federal Arbitration Act (FAA) preempts state statutes that create primary jurisdiction in a state administrative agency for a dispute arising among parties who have a private arbitration agreement. The Court held, in an unsurprising 8-1 decision, that the … Continue reading Supreme Court Decision in Preston Today!

Supreme Court hears third arbitration case this term: 14 Penn Plaza v. Pyett

The U.S. Supreme Court just granted certiorari in a third arbitration case for this term!! 14 Penn Plaza v. Pyett, — S.Ct. —-, 2008 WL 423540 (U.S.), 76 USLW 3255 (February 19, 2008). The Pyett case will address whether a union-negotiated waiver of employees’ rights to proceed in a judicial forum for federal statutory causes … Continue reading Supreme Court hears third arbitration case this term: 14 Penn Plaza v. Pyett

Imposing Arbitration on the “Big Guys”

Jean Sternlight recently published an article entitled In Defense of Mandatory Binding Arbitration (If Imposed on the Company), 8 Nev. L. J. 82 (2007).  She describes the project as one that she conceived initially as a “lark,” but what emerges is a truly fascinating thought exercise.  Jean’s basic thesis is summarized in the excerpt below.  … Continue reading Imposing Arbitration on the “Big Guys”

ABA Lawyer as Problem Solver Award Call for Nominations

David White and Woody Mosten are soliciting nominations for the 2008 ABA Lawyer as Problem Solver Award and the Lawyer as Problem Solver Exercises. Each year, the Lawyer as Problem Solver Committee seeks to identify those colleagues who have distinguished themselves through a commitment to creative advocacy.  Such individuals are a force for positive change through their dynamic representation of … Continue reading ABA Lawyer as Problem Solver Award Call for Nominations

CAADRS Becomes RSI; New ADR Resources Available

Resolution Systems Institute, which used to be known as CAADRS, sent this announcement about their new website. It looks like a great new resource for research on court ADR: A NEW WEB SITE FOR A TRUSTED RESOURCE: INTRODUCING COURTADR.ORG Resolution Systems Institute, formerly the Center for Analysis of ADR Systems (CAADRS), announces the launch of … Continue reading CAADRS Becomes RSI; New ADR Resources Available

Empirical Arbitration Analysis Reveals Companies Prefer Litigation

Professors Theodore Eisenberg, Geoffrey Miller and Emily Sherwin investigated a number of Fortune 100 firms’ use of mandatory arbitration clauses. See Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts (draft December 18, 2007). Their empirical analysis revealed that companies frequently use arbitration clauses in consumer contracts but do not … Continue reading Empirical Arbitration Analysis Reveals Companies Prefer Litigation