From Ken Cloke: The Copenhagen Climate Change Conference: What You Can Do In December 2009, delegates from around the world will meet in Copenhagen, Denmark for the 15th Conference of the Parties (COP 15) to the United Nations Framework Convention on Climate Change (UNFCCC). Copenhagen will provide a critical opportunity for the world’s nations to … Continue reading Copenhangen Climate Change Conference Needs ADR Input
Finally up for air after a terrific training yesterday for our new volunteer attorney-mediators, I am delighted to announce that Marquette will be starting a Milwaukee Foreclosure Mediation Program. You can link here for the website giving the background details (generous funding by the city and state–see the announcement by the dean here) and also to … Continue reading Milwaukee Foreclosure Mediation Program Kickoff
Many of us who attended the ABA Dispute Resolution Conference in New York this past April were lucky enough to see an excellent movie about women and the peace movement in Liberia: Pray the Devil Back to Hell (http://www.praythedevilbacktohell.com/v3/). This past week the Liberian Truth and Reconciliation Commission (TRC) released its report. The recommendation getting … Continue reading Facing the past in Liberia
The Associated Press reports: “The private developer of the World Trade Center site threatened Monday to go to an arbitrator unless he and the site’s owner quickly settle a monthslong impasse over how much each should pay to build office towers at ground zero.” How sad to see the terms “arbitrator” and “threaten” in the … Continue reading World Trade Center Developer Threatens Arbitration
A WSJ online article posted here reports that the spike in arbitration filings at FINRA Dispute Resolution is testing recent changes to the process designed to make the forum fairer to investors. The article begins: “Many investors who suffered massive losses in their portfolios are filing complaints against the brokers and brokerage firms that sold them … Continue reading WSJ Asks if FINRA Arbitration is “New and Improved”
Here is a link to a recent column in the New York Law Journal explaining that arbitrators are less prone to grant a dispositive motion than judges, suggesting that disputants are more likely to get to a hearing phase in arbitration than in court. Given the Supreme Court’s recent tightening of the pleading and summary judgment … Continue reading Arbitrators grant dispositive motions less often than judges
I was pleasantly surprised to read in my daughter’s sleepaway camp newsletter that the camp spends time each week teaching the girls conflict resolution skills: Tonight, the counselors are putting on the first Creative Service of the summer. Creative Service is a time to pause and reflect on the lessons learned here at camp. Tonight’s … Continue reading Teaching Conflict Resolution Skills Early
The Restorative Justice in Adult Courts Committee of the Missouri Restorative Justice Coalition is sponsoring a symposium on Restorative Justice in Adult Criminal Courts on Friday Nov. 13, 2009, at the University of Missouri-Columbia. During the morning plenary session experts in the field, both academics and practitioners, will present papers on restorative justice in adult courts. The workshops in … Continue reading Restorative Justice Conference in Missouri for Missouri
The ABA’s Dispute Resolution Section has just issued its Call for Proposals for the Section’s annual meeting next April in San Francisco. A copy of the Call for Proposals can be seen here, and the proposal form can be accessed here. As an fyi, priority is given to proposals that introduce new and innovative concepts, … Continue reading Call for Proposals – ABA Dispute Resolution Section Conference
No, that’s not a typo. And no, I am not among the persistent number who treat “arbitration” and “mediation” as coterminous. I mean “Mediation.” And I mean “Separability.” I was reading a recent case — Santana v. Olguin, 208 P.3d 328 (Kan.App., May 29, 2009), and it made me wonder how courts treat mediation provisions … Continue reading Mediation and the Separability Doctrine
