New submission date (2/17) for Proposals to host the 2012 WIP Conference

January 14, 2012 Kelly Browe Olson

We have decided to give some more time for interested schools to apply host the next WIP conference. Please consider applying. The AALS Dispute Resolution Section is seeking a host for the 6th Annual Works-in-Progress Conference in the fall of 2012. The WIP Conference has proven to be quite successful, and it has quickly become one of … Continue reading New submission date (2/17) for Proposals to host the 2012 WIP Conference →

Federal Support for Foreclosure Mediation

January 12, 2012 Paul Kirgis 2 Comments

Just as some states are giving up on their foreclosure mediation programs (see my note on the demise of Florida’s program here), the Department of Justice is urging greater investment in foreclosure mediation. Through the report of its Access to Justice Initiative, DOJ makes a number of recommendations, including increased research and evaluation of state … Continue reading Federal Support for Foreclosure Mediation →

Raymond Shonholtz: Community Mediation Visionary

January 11, 2012 mmoffitt@uoregon.edu 1 Comment

Earlier today, I learned that Raymond Shonholtz died. He was a founder and president of the San Francisco Community Boards. It would be hard to overstate the role these community boards played in the evolution of mediation in the United States, not just the small claims versions thereof, but also many of the facilitative and … Continue reading Raymond Shonholtz: Community Mediation Visionary →

Unsurprising is Exactly How I Would Describe Compucredit v. Greenwood

January 10, 2012 Sarah Cole 2 Comments

Paul beat me to the punch, but I could not agree more with him that the Court’s decision in Compucredit v. Greenwood is unsurprising. The true mystery of the case is that the Court took it in the first place. Until Congress decides to make it clear that a particular statutory claim cannot be arbitrated, … Continue reading Unsurprising is Exactly How I Would Describe Compucredit v. Greenwood →

Supreme Court Holds CROA Claims Arbitrable, Surprising No One

January 10, 2012 Paul Kirgis 1 Comment

In a thoroughly unsurprising decision, the Supreme Court today held in CompuCredit Corp. v. Greenwood that claims under the federal Credit Repair Organizations Act are arbitrable. CROA contains a disclosure rule requiring that consumers be notified that they “have a right to sue a credit repair organization that violates the Credit Repair Organization Act.” The … Continue reading Supreme Court Holds CROA Claims Arbitrable, Surprising No One →

NLRB Bars Class Action Waivers in Labor and Employment Cases

January 9, 2012 art hinshaw 3 Comments

After being part of the panel at the AALS meeting that declared class arbitration dead, Jean Sternlight from UNLV contributes a guest post about the NLRB’s declaration that “they’re not dead yet.” In all seriousness, the discussion on the future of arbitration was fantastic. Thanks to Jean and all of the other presenters, and congratulations to Jen … Continue reading NLRB Bars Class Action Waivers in Labor and Employment Cases →

Cross-Cultural F-Bomb

January 9, 2012 art hinshaw

Sometimes adjectives that can be used just about anywhere don’t always work. To be clear, the F-Bomb is featured prominently in the link, so if that’s a problem at your office, hit the link from home. Hat tip: Gawker

On the Benefits of Consumer Arbitration

January 4, 2012 Paul Kirgis 3 Comments

I have criticized the Supreme Court’s arbitration jurisprudence for cutting off the procedural rights of consumers and employees. See this, this, and this. Those are policy objections rooted in federalism as well as state and federal guarantees of due process and the right to a civil jury trial. I have not contended that consumer arbitration … Continue reading On the Benefits of Consumer Arbitration →

AALS Conference – See You in DC

January 2, 2012 art hinshaw 2 Comments

Below is a reminder from AALS ADR Section Chair-Elect Ron Aronovsky to attend the section’s program at the AALS meetings in DC later this week. Thanks to Ron for putting together a great program and for prompting this post. On Saturday, January 7, 2012, the AALS ADR Section will host a program at the AALS Annual Meeting … Continue reading AALS Conference – See You in DC →

Owen Fiss and Sherriff Joe Arpaio – “Against Settlement”

December 28, 2011 art hinshaw 1 Comment

Just before the holidays the US Department of Justice Civil Rights Division concluded a 3 year investigation into America’s Toughest Sheriff, Maricopa County’s (the Phoenix metro) Sheriff Joe Arpaio. The investigation found discriminatory policing against Latinos, discriminatory jail practices against Latinos, a general culture of bias against Latinos in the Sheriff’s Office, and a practice of retaliatory … Continue reading Owen Fiss and Sherriff Joe Arpaio – “Against Settlement” →