Paula Young has undertaken an admirable (and time-sensitive) research project. She wrote the following in an email to the AALS list, and I’m sure she’d welcome input from folks across the country: I am trying to learn which states test any ADR topics on the bar exam, especially arbitration. I know that Alabama, Virginia, and … Continue reading ADR on the Bar Exam
In an earlier post I described the program scheduled at the ABA Dispute Resolution Section’s meeting in New York City. The program – the Law Professors’ Forum: Mediation Shop Talk – is set up to discuss how to incorporate the findings of some recent studies into our teaching. One commenter showed an interest in what will be discussed … Continue reading Call Mediation Profs – part II
I just received this notice from the ABA and thought that they are offering a great service so I wanted to pass this along. The ABA Section of Dispute Resolution Ethics Committee has created a national clearinghouse for mediator ethics opinions and decisions. The clearinghouse provides a searchable database with hundreds of opinions on mediator … Continue reading Mediator Ethics Opinions
Yesterday Dwight Golann sent out an email encouraging attendance at the Law Professors’ Forum: Mediation Shop Talk, which will be taking place at the ABA Dispute Resolution Section conference in New York City. In case you didn’t get his message, here it is. Dear colleagues, Here is the latest on the Law Professors’ Teaching Forum: Mediation Shop … Continue reading Calling all Mediation Profs
Hi folks. A few weeks ago I taught an inter-session course at Hamline about Cooperative Practice and had a blast. I posted the syllabus on our website, Cooperative Practice: A New Technique to Negotiate Cases Successfully, which you can access by clicking on the title (if you email hasn’t stripped the coding) or by … Continue reading Cooperative Practice by John Lande
See http://www.competitionnotconflict.com/. Unless you’re Andrea.
So in the glory of my team winning for the Super Bowl, I have been reflecting again on how sports teams operate in the modern era. It really is approved warfare–with war paint, team colors, and adrenaline all included. Sports allows you to be part of a group–and scream loudly about your superiority–in a way that is socially … Continue reading Steelers Rock (and You Don’t)
The Second Circuit ruled today that a class action arbitration waiver contained in credit card agreement was unenforceable. See In Re: American Express Merchants’ Litigation, No. 06-871 (2d Cir. 2009). The relevant part of the arbitration agreement stated: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL … Continue reading Second Circuit Refuses to Enforce Class Action Waiver in Arbitration Agreement
A federal district court in New Jersey held that a class action arbitration waiver contained in an arbitration agreement between a consumer and a business is enforceable even though the state court had held that such waivers are unconscionable. Litman v. Cellco Partnership, No. 07-CV-4886 (2008). See http://www.wileyrein.com/docs/docs/215.pdf The federal court found that the Federal … Continue reading Class Action Arbitration Waiver in Consumer Contract Enforceable
At AALS in early January, a number of us were on a panel musing about the future of dispute resolution writ large and then the impact that technology and other changes were going to have on legal education. This is John’s follow-up to that panel and I invite you to use the comments to expand … Continue reading The Future of DR Legal Education from John Lande
