Missing Jon Stewart and What the Writer’s Guild Strike Has to do with Negotiation

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Strikes that get played out in the news are interesting public displays of negotiation positions that we are often not privy to otherwise. In the strike of the Writers Guild of America, their position, as expressed in the New York Times by Damon Lindeloff (the co-creator and head writer for the television series Lost) is … Continue reading Missing Jon Stewart and What the Writer’s Guild Strike Has to do with Negotiation →

Emotions and Problem Definition in Mediation

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Leonard Riskin and I have written an article that will appear in the summer issue of the George Mason Law Review. Because we are concerned that many mediation sessions are characterized by a narrow, law-and-litigation-oriented problem definition, the article proposes several mechanisms to encourage parties to choose the problem definition for their mediation. Do they … Continue reading Emotions and Problem Definition in Mediation →

Hall Street v. Mattel Oral Argument Yesterday by Sarah Cole

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The parties in Hall Street argued their case on November 7, 2007. While the argument was difficult to follow, I thought I could discern some of the justices’ points of view. Chief Justice Roberts suggested that when parties agree to expand judicial review of arbitration awards, they take themselves outside the scope of the Federal … Continue reading Hall Street v. Mattel Oral Argument Yesterday by Sarah Cole →

Corporate Use and Perceptions of ADR and What It Could Suggest for Legal Education

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Fulbright and Jaworski’s recently-released Fourth Annual Litigation Trends Survey Findings include an intriguing snapshot regarding corporations’ use and views of their dispute resolution process options.  The survey is based on responses from 305 participants—general counsel, associate general counsel, vice-presidents & general counsel, and deputy general counsel—who work for publicly and privately held companies in the … Continue reading Corporate Use and Perceptions of ADR and What It Could Suggest for Legal Education →

Argument this Week in Hall Street Associates v. Mattel

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Hall St. Assocs., L.L.C. v. Mattel, Inc., 196 F. App’x 476 (9th Cir. 2006), cert. granted, 127 S. Ct. 2875 (May 29, 2007) Argument: November 7, 2007 By Sarah Cole Listen to the Podcast Issue: Whether the Federal Arbitration Act (“FAA”) prohibits federal courts from enforcing “a post-dispute agreement to review an arbitration award for … Continue reading Argument this Week in Hall Street Associates v. Mattel →

New California Data on Employment Arbitration

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When California legislators decided to require arbitration providers to disclose certain information about their arbitrations, they were probably focused on helping individual people who faced the prospect of participating in an arbitration proceeding.  But the resulting data is also allowing us get an overall look at the status and effects of private arbitration, at least … Continue reading New California Data on Employment Arbitration →

Arbitrators, Evident Partiality, and Contrived Ignorance

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“Evident partiality” is one of the very few grounds upon which a court may vacate an arbitral award under Section 10 of the Federal Arbitration Act. The typical target of Section 10(a)(2) is an arbitrator who knows of a conflict of interest, fails to disclose it, and therefore fails to secure a waiver from the … Continue reading Arbitrators, Evident Partiality, and Contrived Ignorance →