Certiorari Grant in Third Arbitration Case for 2008-09 Term

I was just informed that certiorari was granted in Arthur Andersen LLP, et al., v. Carlisle, et al. (08-146), on Friday. The question at issue is whether, under the Federal Arbitration Act, federal circuits courts have jurisdiction to hear appeals of denials of motions to compel arbitration raised by parties that did not sign the … Continue reading Certiorari Grant in Third Arbitration Case for 2008-09 Term

One’s Bottom Line – A Material Fact under Rule 4.1?

Is one’s bottom line (or reservation price or walk away point) in negotiation a material fact under Rule 4.1?  If so, why is that?  I’ve been wrestling with these two questions in a piece I’m writing on attorney negotiation ethics (thanks to those who gave me feedback on the article at the AALS Works-in-Progress conference … Continue reading One’s Bottom Line – A Material Fact under Rule 4.1?

Go Vote–It’s a Wonderful Dispute Resolution Process

Perhaps the most amazing development in US history occurred when George Washington refused to become king, and peacefully handed over power to John Adams.  The concept that power will be voluntarily (or at least peacefully) handed over to someone who believes in completely different values and ideals than the current political leader is still so … Continue reading Go Vote–It’s a Wonderful Dispute Resolution Process

iArbitration, iUnconscionability, and the iPhone

A federal district court in the Northern District of Illinois recently refused to compel arbitration of a consumer’s complaint brought in relation to the purchase of an iPhone. The case is shocking for at least two reasons.  It is shocking because the lead attorney for AT&T engaged in shameful, clearly sanctionable behavior during the course … Continue reading iArbitration, iUnconscionability, and the iPhone

Mirror Neurons & Mediation Advice

At the Works-in-Progress conference this past week at Arizona State University (great job Art!), I had the pleasure of hearing from Professor Scott Hughes on his latest work on mirror neurons.  I have blogged about mirror neurons before and the impact on people.  It explains things from why Harley rides are pleasurable to why Starbucks runs smoothly.  Scott … Continue reading Mirror Neurons & Mediation Advice

Call for Papers: International Mediation

  For anyone who’s interested in writing about international or comparative mediation, you should be aware of the following opportunity:  Call for Papers International Mediation Leadership Summit The Dispute Resolution Section of the American Bar Association, in collaboration with AAA International Centre for Dispute Resolution, ACB Group-Netherlands, ADR Center-Rome, CEDR, CMAP, International Academy of Mediators, … Continue reading Call for Papers: International Mediation

Talking to Your Own People

The best part about politics, and particularly presidential elections, is that each news story or political ad  demonstrates the well-known negotiation theory of confirming evidence.  In other words, we only believe data that confirms what we already think.  And, watching the debate last night or listening to the political commentary afterwards probably confirmed for you … Continue reading Talking to Your Own People

Con Man Posing as a Mediator Convicted of Fraud and Theft

Everyone in the mediation community needs to know the story of Gary Karpin, a disbarred lawyer from Vermont who moved to Arizona and started advertising his services as a divorce mediator.  Karpin made a habit of striking up romantic relationships with isolated, lonely, and vulnerable women in order to swindle them out of lots of money.  In … Continue reading Con Man Posing as a Mediator Convicted of Fraud and Theft