From Brian Ganson:   I taught negotiation and didn’t mention “The Seven Elements.” Am I going to hell? Brian Ganson, Senior Researcher Africa Centre for Dispute Settlement, University of Stellenbosch Business School   Having had the great pleasure of teaching, writing and consulting with Roger Fisher, the Seven Elements were part of my DNA. But … Continue reading Brian Ganson: I taught negotiation and didn’t mention “The Seven Elements.” Am I going to hell? →

As you head into the long holdiay weekend, please remember that proposals are now due for Works-in-Progress papers to be considered for publication in the Ohio State University Journal of Dispute Resolution. Here is the information about this year’s Works-in-Progress Conference and the opportunity to have your paper selected for publication in a special issue … Continue reading REMINDER: AALS Works-in-Progress Early Submission Date Approaching →

Earlier this year, I blogged about the spat between FINRA and Charles Schwab over Schwab’s class action waiver in its customer agreement’s arbitration provision.  Schwab sought a declaratory judgment from the court that its class action waiver did not violate FINRA’s rules and/or that AT&T Mobility v. Concepcion barred FINRA from enforcing its rule to … Continue reading District court denies Schwab’s request for declaratory judgment against FINRA →

I’ve emerged from grading finals to discover that the AT&T Mobility v. Concepcion case has entered a  new chapter.  As most readers know, the Supreme Court, in its April 2011 opinion, reversed the district court’s denial of AT&T Mobility’s motion to compel arbitration, and remanded the case back to the district court for “further proceedings consistent with … Continue reading District court compels arbitration in Concepcion →

Bobby Harges (Loyola New Orleans) has published The Handbook on Louisiana Alternative Dispute Resolution Laws, available here. Professor Harges’s description: This book is intended to serve as a handbook that presents a broad overview of the laws governing the assorted Alternative Dispute Resolution (ADR) processes as they are used in Louisiana. The main objective of … Continue reading Harges on Louisiana ADR Laws →

Stacie Strong (Missouri) has published three articles on the arbitration of internal trust disputes: “Arbitration of Trust Disputes: Two Bodies of Law Collide” (abstract) “Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices” (abstract) “Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a … Continue reading Strong on the Arbitration of Internal Trust Disputes →

In Sunday’s New York Times, David Segal, who authors The Haggler column on consumer issues and negotiation, took issue with Concepcion and its fall-out. Segal highlighted the case of a veteran owed a $400 refund under the Servicemembers Civil Relief Act on an aborted car lease. The veteran became the lead plaintiff in a class … Continue reading The Haggler on Concepcion →

Environmental Conflict Resolution (ECR) is a next-generation dispute resolution field that brings together environmental/natural resources/energy law, public policy, multilateral bargaining, ADR, and litigation. In January 2013, the AALS Section on ADR will present a panel discussion: “Environmental Conflict Resolution (ECR): A Report Card.” We have a star panel: Larry Susskind (MIT), Irma Russell (Montana), Sean … Continue reading Call for Papers — AALS 2013 →

The blog has featured a few posts lately on the role and purpose of ADR Law Prof’s scholarship (e.g., here, here and here). Yesterday, at the New York State Judicial Institute at Pace Law School, Professor John Nolon, Director of Pace’s Kheel Center on the Resolution of Environmental Interest Disputes and the rest of his … Continue reading Symposium at Pace on Engaged Legal Scholarship →

Yesterday the SEC approved a FINRA-proposed rule change to raise the cap for Simplified Arbitration claims (i.e., paper hearings) from $25,000 to $50,000. As I wrote in a comment letter filed in support of the rule change proposal, which the SEC quoted in its approval order, the higher claim limit should “benefit investors by enhancing … Continue reading SEC Approves Rule Change to Raise the Cap for FINRA Simplified Arbitration Claims to $50,000 →