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
I opened an email today to the enticing headline “Don’t Forget to Kvetch!” and realized how it was the other side of the coin of what I was planning on blogging about today. First, to the planned blog–Australia last week officially apologized for its mistreatment of the Aboriginal population in Australia. The list of misdeeds … Continue reading Kvetching and Apologies
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
For years, I have used Fidel Castro in my lecture about how to prepare for a negotiation. (In fact, I think I might have even taken this example from Roger Fisher–completely possible, given the context.) In any case, as part of a discussion of the seven elements from Getting to Yes, I used Castro as … Continue reading We Beat Castro, Right?
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!
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
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”
There are a batch of writings today in the papers and the blogosphere about how to maintain happy relationships and I thought it would be fun to connect to a few. First, there was a great post today by Dayana Yochim in The Motley Fool entitled How to Win Your Next Money Fight. Romantic poet William … Continue reading It’s Valentine’s Day–What are You Negotiating?
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
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
Today’s New York Times Editorial entitled “The Cult of Secrecy at the White House” includes reference both to ombudsmen and to mediation. I am neither an every-day reader of the NYT editorial page, nor is my long-term memory as reliable as I’d prefer. But I cannot recall either of these staples of modern dispute resolution appearing … Continue reading Today’s New York Times Editorial
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