Request for Proposals – Hosting the AALS Alternative Dispute Resolution Works-in-Progress Conference

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The RFP to host the AALS DR Section’s WIP Confernce in the fall of 2010 recently came out, and it appears in it’s entirety below.  Just an fyi, this year’s conference (at Harvard Nov. 13th and 14th) is shaping up quite nicely and we’ll have more information about it here shortly. * * * * * * * … Continue reading Request for Proposals – Hosting the AALS Alternative Dispute Resolution Works-in-Progress Conference →

ADR Meets Bankruptcy, Pt. 2 – Designing Dispute Systems

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Dispute systems design is an emerging part of the broader discipline of dispute resolution, as evidenced by, among other things, the conference on dispute systems design at Harvard last year featuring Andrea and Michael, among many others.  When scholars in the dispute resolution community think of concrete examples of domestic dispute systems design, we often … Continue reading ADR Meets Bankruptcy, Pt. 2 – Designing Dispute Systems →

Problem Solving Courts Symposium in Maryland

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The University of Maryland School of Law will hold a symposium on November 6, 2009:   Problem Solving Courts: A Conversation with the Experts. The conference announcement states: Please join us for a conversation with a diverse array of Maryland practitioners and national experts about past, present and future role of problem solving courts in our judicial system. … Continue reading Problem Solving Courts Symposium in Maryland →

Mediation Confidentiality & Attorney Malpractice

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Not long ago, a federal court in Oregon gratned summary judgment for the defendants in a legal malpractice claim.  The case highlights the stakes involved in expansive mediation privileges.  Or put differently, the case highlights the tradeoffs of having limited exceptions to a mediation privilege.  For anyone looking for a good set of modern facts … Continue reading Mediation Confidentiality & Attorney Malpractice →

Franken Changes to Job Arbitration Bill Pass Senate

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The Daily Labor Report states: By a vote of 93-7, the Senate Oct. 6, passed legislation (H.R. 3326) with an amendment that would prevent the Defense Department from using funds appropriated by Congress for any new or existing federal contract if a defense contractor or “subcontractor at any tier” requires a worker to sign a … Continue reading Franken Changes to Job Arbitration Bill Pass Senate →

FINRA Expands Its Public Arbitrator Pilot Program

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FINRA Dispute Resolution announced earlier this week that it is expanding the pilot program it launched in 2008 to provide investors with more choice in selecting arbitrators for customer cases heard by FINRA arbitrators.  Rather than being forced to select at least one industry arbitrator on all three-arbitrator panels, FINRA gave investors the right, in essence, to strike … Continue reading FINRA Expands Its Public Arbitrator Pilot Program →

Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption

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Another take on the implications of Hall Street. This article discusses the fate of the manifest disregard standard and considers whether parties may have avenues other than the FAA for obtaining review of their arbitration awards: “Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption” NICHOLAS R. WEISKOPF, St. John’s University – School of … Continue reading Hall Street, Judicial Review of Arbitral Awards, and Federal Preemption →