In one of her blog entries following the Supreme Court’s Hall Street v Mattel decision, Sarah Cole wondered whether the restrictive reading of FAA s10 and s11 left any space for “manifest disregard” and any other judicially-created grounds for arbitral review. Sarah concluded, I think correctly, that manifest disregard appears safe. And as she points … Continue reading Hall Street v. Mattel and “Public Policy”
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)
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)
Last week, I returned from a trip to Europe with 21 law students–an exercise in dispute resolution itself! Seriously, we had a wonderful time and I will, no doubt, be blogging about some of the lessons/speakers/institutions we visited for some time. Today, I wanted to write about our meeting with Professor Alain Verbeke of the … Continue reading Bye, Bye Belgium?
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
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
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
For those of us who have been looking forward to mediation becoming part of the popular culture, another sign that this might happen is the latest career rankings from US News. According to US News, a mediator is one of the best careers for 2008. The site on US News describes the job relatively accurately, … Continue reading One of the 31 Best Careers in 2008? Mediator!
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”
In days past, we joked about how little-known mediation was and how frequently the process was confused with meditation. But, today, mediation is mentioned more and more frequently in the news and popular culture. Unfortunately, the attention is not always flattering. In fact, the attention sometimes reveals that mediation is being used in just the … Continue reading Mediation and Cover-Ups
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?
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