More in the quest to define elusive mediator approaches/styles

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In the Spring 2009 issue of Conflict Resolution Quarterly appears an article by Charkoudian, de Ritis, Buck and Wilson entitled, Mediation by Any Other Name Would Smell as Sweet, or Would It?  The Struggle to Define Approaches to Mediation.  (Vol. 23 Issue 3, p.293.) The authors conducted two studies reasonably contemporaneously, and report them together. … Continue reading More in the quest to define elusive mediator approaches/styles →

NASAA Supports Arbitration Fairness Act

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Yesterday, the North American Securities Administrators Association (NASAA) announced its full support (see press release here) of the Arbitration Fairness Act of 2009, which amends the Federal Arbitration Act to bar enforcement of pre-dispute arbitration clauses in a consumer, employment, franchise and civil rights dispute.  NASAA, whose membership consists of the securities administrators in the 50 states … Continue reading NASAA Supports Arbitration Fairness Act →

Interesting Take on Arbitration Fairness Act by E. Gary Spitko

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My friend and former co-author, E. Gary Spitko, will be publishing an article offering a critique of the Arbitration Fairness Act in the U.C. Davis Law Review. Gary offers an alternative to the very anti-arbitration stance currently articulated in the proposed Act. Gary’s abstract describes his article as follows: On February 12, 2009, lawmakers in … Continue reading Interesting Take on Arbitration Fairness Act by E. Gary Spitko →

It Just Isn’t Fair: Why Defendants Reject “Good” Plea Bargain Deals

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Many years ago, when I was a deputy public defender in Los Angeles, I represented a client charged with sales of crack cocaine as a third strike.  This meant he was facing 25 years to life in prison.  My client had no defense and did not deny the charge.  The prosecutor offered to “strike a … Continue reading It Just Isn’t Fair: Why Defendants Reject “Good” Plea Bargain Deals →

Securities Arbitration and the Arbitration Fairness Act

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On May 5, I reported on this blog about the Arbitration Fairness Act of 2009, now introduced into both the Senate and the House to amend the Federal Arbitration Act to invalidate pre-dispute arbitration clauses in consumer services, franchise and employment agreements.  As currently drafted, it is unclear whether the proposed Act would cover PDAAs … Continue reading Securities Arbitration and the Arbitration Fairness Act →

Law Professors’ Forum: Mediation Shop Talk – Grading in Mediation Clinics

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Here’s another summary of info from the Legal Educators’ Committee’s program entitled Law Professors’ Forum: Mediation Shop Talk, which was part of last month’s ABA DR Section’s annual meeting in New York.  The Forum was split into three separate presentations: a general “plenary” session, the notes for which Andrea posted on May 9th, a clinical section devoted to … Continue reading Law Professors’ Forum: Mediation Shop Talk – Grading in Mediation Clinics →

Restorative Justice in Texas and Beyond

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This week academics and practitioners will join together at the 2nd National Conference on Restorative Justice:  “Mainstreaming Restorative Justice: Empowering Communities, Restoring Responsibility” at the University of Texas at San Antonio, on May 13-15, 2009. According to the website:  “The National Conference on Restorative Justice will feature four primary program tracks.  These tracks are: Academic and Research, Faith and … Continue reading Restorative Justice in Texas and Beyond →