Today’s New York Times Magazine, on it’s “One-Page Magazine” feature, included these succinct remarks on dispute settlement from Kenneth Feinberg, a well-known negotiator: “In all the negotiations I do, there’s a priority list: One, know the facts. Two, be dogged. Three, keep an open mind. Next, be creative in getting to ‘yes.’ Finally, a very … Continue reading Ken Feinberg on How to Settle a Dispute
My piece (w/ Jess Alberts) entitled Gender and Attorney Negotiation Ethics is now up on SSRN. Frequent Indisputably readers will remember that it was a part of last December’s Washington University New Directions in Negotiation and ADR Conference and appears as part of an ADR symposium issue in Wash U’s Journal of Law and Policy. The abstract is below. Building on a prior … Continue reading Gender and Attorney Negotiation Ethics
Robert C. Bordone, the Director of Harvard’s Negotiation & Mediation Clinical Program, posted this announcement today on various listservs: “I’m happy to report that our negotiation and mediation clinic is growing once again. We will be adding a new Clinical Fellow position to our team as soon as can identify a strong candidate. This position is … Continue reading Harvard Negotiation and Mediation Clinic Seeking Clinical Fellow
How many innocent defendants plead guilty? Is it common, or is it just an occasional, unfortunate, aberration? Those questions are often posed during discussions of plea bargaining. This is due, in large part, to the fact that it is now well understood that innocent defendants do plead guilty. For example, The Innocence Project at Cardozo School … Continue reading Innocents Pleading Guilty
The ABA Section of Dispute Resolution Spring Conference Planning Committee is now accepting proposals for the 2013 Spring Conference. The Deadline for Proposals is September 7, 2012. The Conference will take place on April 3-6, 2013 at the Fairmont Chicago Millennium Park. Proposals can be submitted for concurrent CLE programs, Symposium on ADR in the Courts sessions, Legal … Continue reading Request for Proposals – ABA Dispute Resolution Section Spring Conference
ASU will be hosting the 3rd annual Aspiring Law Professors Conference on September 15th. The Conference is designed for Visiting Assistant Professors, Fellows and others who plan to go on the academic teaching market, but anyone considering a career as a law professor will find it valuable. To see a short flier for the conference go here, … Continue reading Aspring Law Professors Conference
Earlier this week, FINRA DR announced that it has launched a pilot program designed to allow parties to customize the administration of cases involving damages of $10 million or more. Parties who choose to opt into the pilot can “bypass” some of FINRA’s arbitration rules, and design their own administrative process to enhance party flexibility … Continue reading FINRA Dispute Resoution Launches Pilot Program to Administer Large Cases
Judge Denise Cote in the U.S. District Court for the Southern District of New York last week held that a class action waiver in a pre-dispute arbitration clause in eBooks purchasers’ customer agreements rendered the arbitration agreement unenforeceable because the costs of pursuing claims individually would not permit individuals to vindicate their statutory rights. See In re Electronic Books … Continue reading SDNY Court Voids Arbitration Clause with Class Action Waiver
The guidelines for the 2012 CPR Awards are out and can be accessed here. A blurb about the awards program from the CPR website follows. The CPR Institute’s Awards Programs honors outstanding scholarship and practical achievement in the field of alternative dispute resolution. Award criteria focuses on process, techniques, systems, commitment, and scholarship which address the resolution, … Continue reading CPR ADR Awards – 2012 Guidelines Announced
Last week at the Arizona Bar meeting my colleague Timothy Burr presented a progress report for the Foreclosure Mediation Unit of ASU’s Lodestar Dispute Resolution Program. The program was well attended and has generated some buzz in the legal community. In some sense this was the FMU’s coming out party as we’ve been keeping a … Continue reading Arizona Foreclosure Mediation – Part 1
