NY’s Highest Court Requires Ability-to-Pay Hearing Before Enforcing Fee-Splitting Provision in Arbitration Agreement

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In a decision with ramifications for employees and consumers subject to a mandatory arbitration agreement, New York’s Court of Appeals recently held that an employee challenging the enforceability of a fee-splitting provision in a pre-dispute arbitration agreement is entitled to a factual hearing to establish that her inability to pay arbitration costs precluded her from vindicating … Continue reading NY’s Highest Court Requires Ability-to-Pay Hearing Before Enforcing Fee-Splitting Provision in Arbitration Agreement →

Getting Involved – Call for Volunteers to Assist with the ADR Technical Advisory Project

Among all of the great ideas that came up at the ABA DR Section meetings in San Francisco, the idea of creating a group to provide technical advice on integrating ADR concepts into non-ADR courses may have the most impact.  This proposal comes from the one of the shoptalk sessions from the Legal Educators Colloquium on … Continue reading Getting Involved – Call for Volunteers to Assist with the ADR Technical Advisory Project →

Professional Learning Portfolios in law schools

Deborah Jones Merritt (Ohio State) has recently posted her article “Pedagogy, Progress, and Portfolios” to SSRN (link here).  She presents thorough and intriguing visions of “Professional Learning Portfolios.”  One piece of her article describes the implications for those of us who teach ADR, although frankly, I think the ideas have at least as much relevance … Continue reading Professional Learning Portfolios in law schools →

Educating self-represented litigants

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One of the many interesting events that I attended in San Francisco at the ABA Dispute Resolution Conference was a session during the Annual Symposium on Dispute Resolution and the Courts devoted to the “Latest Innovations in ADR Programs for Self-Represented Litigants.”  This session talked about a number of approaches to educate self-represented litigants in … Continue reading Educating self-represented litigants →

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