Berman and Alfini on Lawyer Colonization of Family Mediation

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Debra Berman and James Alfini have published Lawyer Colonization of Family Mediation: Consequences and Implications in the Marquette Law Review. From the introduction: The relationships among divorcing spouses, lawyers, and the courts have undergone significant changes over the past fifty years. The advent of no-fault divorce promoted experimentation with mechanisms that enhanced “private ordering” encouraged … Continue reading Berman and Alfini on Lawyer Colonization of Family Mediation →

Levinson on Labor Arbitration Awards of Employment Discrimination Claims

Ariana Levinson (Louisville) has placed What the Awards Tell Us About Labor Arbitration of Employment Discrimination Claims in the University of Michigan Journal of Law Reform. The abstract: This article contributes to the debate over mandatory arbitration of employment discrimination claims in the unionized sector, which, in light of the proposed prohibition on union waivers … Continue reading Levinson on Labor Arbitration Awards of Employment Discrimination Claims →

Gross and Black on Investor Protection and the FAA

Jill Gross (Pace) and Barbara Black (Cincinnati) will be publishing Investor Protection Meets the Federal Arbitration Act with the Stanford Journal of Complex Litigation. The abstract: In the past three decades, most recently in AT&T Mobility LLC v. Concepcion, the United States Supreme Court has advanced an aggressive pro-arbitration campaign, transforming the Federal Arbitration Act … Continue reading Gross and Black on Investor Protection and the FAA →

Cohen on Fostering Reconciliation and Conflicts as Inner Trials

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Jonathan Cohen (Florida) has published two articles this summer: The Path Between Sebastian’s Hospitals: Fostering Reconciliation After a Tragedy and Conflicts as Inner Trials: Transitions for Clients, Ideas for Lawyers. Professor Cohen writes: “The Path Between Sebastian’s Hospitals: Fostering Reconciliation after a Tragedy” is a multi-year case study of a tragic event – the death … Continue reading Cohen on Fostering Reconciliation and Conflicts as Inner Trials →

Menkel-Meadow on Multi-Party Dispute Resolution, Democracy, and Decision Making

Carrie Menkel-Meadow (Georgetown, UCI) has published Introduction & Coda, Multi-Party Dispute Resolution,Democracy and Decision Making: Vol. Il of Complex Dispute Resolution. The first part is on SSRN and the rest is coming soon. The abstract: The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application … Continue reading Menkel-Meadow on Multi-Party Dispute Resolution, Democracy, and Decision Making →

Schulz on Settlement and Mediation in Canadian Legal Television

Jennifer Schulz (Manitoba) has published Settlement and Mediation in Canadian Legal Television in the Journal of Arbitration and Mediation. The abstract: This article is a close cultural legal analysis of The Associates, a Canadian legal television program. It describes what The Associates reveals about popular understandings of settlement and mediation in Canada. The show portrays … Continue reading Schulz on Settlement and Mediation in Canadian Legal Television →

Football’s Ripe Moment (aka The Packers Actually Won)

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I have always liked well-known SAIS Professor Bill Zartman’s theory of mutually hurting stalemate as an explanation of when a dispute become ripe for resolution.  Bill has usually applied this theory to international disputes but, on Monday night, while watching the Packers win, I was able to see this concept applied to a different kind of … Continue reading Football’s Ripe Moment (aka The Packers Actually Won) →

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