Do you have an article or recent research that you would like to share? Please share with indisputably! With the breadth of scholarship relevant to an interdisciplinary field like ADR, keeping track of what’s going on can be a challenge. Collecting scholarship in one place is an effective way to get articles in front of … Continue reading Posting new scholarship
Occasionally I’ll see a message on a list-serv that captures my attention, and that most recently occurred with a recent message sent by Hiro Aragaki (Loyola – LA). I asked if I could post it here, and he agreed. If you’re not familiar w/ Aragaki’s work, he’s quite good at viewing issues from a different vantage point, … Continue reading Aragaki on The Age Myth in Mediation
The Chair of the Association for Conflict Resolution, Sharon Press, circulated this announcement on the AALS DR Listserv last week: October 20 (third Thursday in October) is Conflict Resolution Day (as organized by the Association for Conflict Resolution) and the week of October 17 – 23 in Mediation Week (as organized by the ABA … Continue reading Conflict Resolution Day is Coming October 20
There’s been plenty of euologies written about Steve Jobs, but this one pulls no punches. http://www.theonion.com/articles/last-american-who-knew-what-the-fuck-he-was-doing,26268/
Just a reminder that nominations for the various awards to be handed out at the ABA Dispute Resolution Section meetings are due soon. The awards are the D’Alemberte-Raven Award, for outstanding service in dispute resolution, the Lawyer as Problem-Solver Award, which recognizes individuals and organizations that use problem solving skills to forge creative solutions, and the … Continue reading ABA DR Section Awards – Nomination Reminder
In an article about the Supreme Court’s docket of cases pending for its new term, New York Times’ reporter Adam Liptak quotes Justice Anthony Kennedy on the reasons why the Court’s docket is more heavily oriented towards criminal and First Amendment cases. Speaking to reporters at a judicial conference in August, Justice Kennedy stated, “The … Continue reading Justice Kennedy says fewer “big civil cases” on Supreme Court’s docket due to arbitration
I just came across a case involving an ethics issue in mediation that I found interesting. Although the issue does not arise frequently, courts have considered whether a mediator can serve as a representative for one of the mediation parties in a subsequent dispute. The resolution often turns on the question whether the disputes are … Continue reading What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute?
From my colleague Adam Zimmerman: When defendants settle cases involving a large group of people, they often won’t settle without some kind of “peace” — a binding release from nearly all of the potential plaintiffs. The decline of class action settlements, however, means that peace often comes through informal aggregate agreements — a practically binding … Continue reading Zimmerman on Non-Class Mass Settlements
Last week I had the pleasure of attending an event sponsored by the Prince Aga Khan Shia Imami Ismaili Conciliation and Arbitraion Board for the USA (CAB). The goal of the event was to introduce the Dallas-Fort Worth legal and dispute resolution community to the work of the CAB. My previous experience with the Ismaili … Continue reading Mediation Within One Community
The NY Times published an article today announcing that plea bargaining is often coercive due to potentially harsh criminal sentences. Potentially long sentences and the “trial penalty” are well-known facts to professionals in the criminal justice system. Defendants are regularly threatened with longer terms if they exercise their right to trial. Defendants who do not … Continue reading Not Exactly News
