This Spring’s Dispute Resolution Magazine is filled with great articles exploring whether and how we should regulate ADR. Among these articles is a piece by Nancy Welsh (Penn St.) and David Lipsky (Cornell) called, “‘Moving the Ball Forward’ in Consumer and Employment Dispute Resolution: What Can Planning, Talking, Listening and Breaking Bread Together Accomplish?” I … Continue reading From the Spring 2013 DR Magazine: Welsh and Lipsky →

It seems so early for this announcement, but it is upon us.  The ABA Section on Dispute Resolution is seeking proposals for the 2014 conference in Miami.  The call is below and the conference proposal web page can be accessed here. ——————————————- The ABA Section of Dispute Resolution Spring Conference Planning Committee is now accepting proposals for … Continue reading Request for Proposals for the ABA DR Section Spring Conference →

From FOI Kristen Blankley: I would like to invite all ADR scholars to review and sign an amicus curiae brief in the important arbitration case of Bakoss v. Lloyd’s of London. This case is currently before the Supreme Court on a petition for certiorari. The case deals with the definition of “arbitration” under the Federal … Continue reading Consider signing an ADR amicus brief! →

As many of our readers know, the ABA Dispute Resolution Section, LEAPS project sponsors a website that includes resources for teaching practical problem-solving and professional skills.  To faciliate being a resource for professors who would like to move away from lecture-based formats in teaching “doctrinal” courses, the LEAPS executive committee is developing a list of textbooks that incorporate … Continue reading Looking for law textbooks that incorporate problem-solving teaching →

I am in the process of thinking about the last year and what worked, or didn’t work, in my classes. As part of that process, I thought I would share one new approach I took this year that I thought worked very well in my negotiation class.  This new approach is thanks to  Andrea Schneider’s … Continue reading Teaching with Teaching a New Negotiation Skills Paradigm →

BNA has reported that FINRA has implemented a new policy and will now conduct annual background checks as well as an additional review of arbitrators before appointing them to new cases.  This change in policy was prompted by FINRA’s discovery last year that one of its arbitrators had been indicted for the uanuthorized practice of law. … Continue reading FINRA to conduct background checks on arbitrators →

I have had a few days to digest the Supreme Court’s most recent opinions interpreting the Federal Arbitration Act (Oxford Health Plans LLC v. Sutter, see blog post here; and American Express Co. v. Italian Colors Restaurant, see blog posts here and here) and offer the following reflections: Sutter affirmed the broad power of the arbitrators to decide … Continue reading Reflections on 2013 Supreme Court Arbitration Decisions →

NPR ran a story on Saturday about one high school in Michigan and its use of a “conflict resolution room” and peer mediators to help students to either prevent conflicts from becoming worse, or to deal with them after they have become violent.  The story also discusses how the high school uses restorative justice processes … Continue reading A Good Story About High School →