After much fanfare in the mediation community when it premiered, including plenty on this blog, there’s been little mention of it. I caught up with more Fairly Legal episodes over the weekend and realized why. Mediation provides a nice setting for the show, but there little mediation going on. Like many other tv shows it manufactures false … Continue reading Reflections on Fairly Legal
As the federal government shutdown is almost an hour away, I’m hard-pressed to give either political party kudos in their negotiation strategy or in their public postering. However, in the Oregon state house Representative Jefferson Smith has been able to do the seemingly impossible – get Republicans and Democrats to work together on an impressive undertaking. … Continue reading An Example of Civil Discourse?
If you haven’t been following the NFL labor situation, the sides are fighting over the biggest pot of professional sports money in America. George Cohen, head of the Federal Mediation and Conciliation Service, mediated a brief and ultimately fruitless attempt to negotiate a new collective bargaining agreement between the NFL and the players’ union earlier … Continue reading How Process Can Affect BATNA: The NFL Labor Dispute
In light of yesterday’s events in Israel–Hamas launching a missile attack on an Israeli schoolbus and the Israeli response of missile attacks into Gaza–one of our speakers that we heard during our trip to Israel is particularly on point today. How do you determine an “appropriate” response to the Hamas attack? Here are one student’s reflections on … Continue reading Israel Reflections–Use of Force & Civilian Targets
After more than six years in development, and hundreds of public comment letters on two different proposed versions, the SEC approved a revised Discovery Guide applicable to customer cases in FINRA securities arbitration. FINRA is one of the few arbitration forums mandating automatic production of “presumptively discoverable” documents and information in arbitrations brought by customers … Continue reading SEC Approves New Discovery Guide for FINRA Arbitration
In honor of the RJ conference that Marquette is hosting today (link here for the agenda on clergy abuse and healing) I thought I would post several student reflections on our meeting with the restorative justice group Parent’s Circle when we were in Jerusalem. The Parent’s Circle is a group of bereaved family members on … Continue reading Israel Reflections–Restorative Justice
Susan Franck (Washington & Lee, currently visiting at Vanderbilt) recently posted her latest paper, Rationalizing Costs in Investment Treaty Arbitration, on SSRN. The piece continues her empirical work in an important area of international finance, this time focusing on the hot button issue of costs. Noting that several countries have left the investment treaty arbitration world … Continue reading Rationalizing Costs in Investment Treaty Arbitration
The ABA has just released a new book on Planned Early Negotiation authored by John Lande, Isidor Loeb Professor and Director, LL.M. Program in Dispute Resolution, University of Missouri School of Law. The book, which includes a CD with numerous practical forms, is entitled “Lawyering with Planned Early Negotiation: How You Can Get Good Results for … Continue reading Lande’s New Book on Planned Early Negotiation
Not precisely ADR-focused, but really interesting new blog at geeksforwonks.org Think of it as a site for good governance / transparency / data-driven / collaborative policy-making. I’ve already seen a couple of deeply thought-provoking ideas described there (including some about opportunities for law students and legal education). It will be fun to follow. MM
As followers of the blog know, one of the high points of our trip to Israel was dinner with Justice Aharon Barak and his wife Judge Elika Barak. We were also joined by their daughter, Tamar, who is a mediator. Interestingly from the dispute resolution perspective, Justice Barak was the judge who brought mediation to Israel … Continue reading Israel Reflections: Dinner with the Baraks
