Following up on my post regarding email negotiation last week, tthe ABA Journal noted this week that there are limits on the use of social spaces in order to gather information: A lawyer who wants to see what a potential witness says to personal contacts on his or her Facebook or MySpace page has one … Continue reading More Advice for Online Contact
Earlier this week, the Supreme Court, in a 6-3 decision, resolved a circuit split involving the Federal Arbitration Act. In Arthur Andersen LLP v. Carlisle, 2009 WL 1174853 (May 4, 2009), the Court interpreted section 16(a)(1)(A) of the Federal Arbitration Act, which provides a right to interlocutory appeal from “an order … refusing a stay of any action … Continue reading Supreme Court decides appealability under FAA
I am pleased to join Indisputably as a guest blogger. My particular interests include criminal dispute resolution and rule of law development. I teach dispute resolution courses at the Appalachian School of Law. This year, as I do every year, I ended my Advanced Negotiation class with a three defendant plea bargain role play. It … Continue reading Power Pleas in Advanced Negotiation Class
If this string of calls for papers is any indication, ADR issues are hot on the law review circuit. Here’s the latest one, in its entirety, from our friends at the Vermont Law School. The Vermont Law Review has agreed to publishing three professional articles and one student article on emerging issues in dispute resolution. This dedicated edition … Continue reading Call for Papers – Emerging Issues in ADR
From Dwight Golann, this is the follow-up to a great session at the ABA Section of Dispute Resolution meeting. First, I am linking to the ABA and Goldberg/Shaw studies on Mediator Quality which served as background for the Shoptalk session. These are both on John Barkai’s website as well. Second, below are the summaries of the … Continue reading Mediation ShopTalk
Last week, during the April 29 observance of “Arbitration Fairness Day,” Senator Russell Feingold introduced into the Senate the Arbitration Fairness Act of 2009 (s. 931). Senator Feingold’s website announcement states: The bill would make pre-dispute agreements requiring arbitration for any employment, consumer, franchise, or civil rights disputes unenforceable. The bill does not prohibit arbitration, but rather prevents … Continue reading Arbitration Fairness Act of 2009 – Senate version
This past semester, my students participated in an email negotiation with students from Hastings & Boalt law schools which turned out to be quite interesting for them and for me reading their journals afterwards. It is always lovely to write an article–it’s even nicer to see that what you write might actually be happening in reality as … Continue reading You’ve Got @greement–Email Negotiation Advice
Another call for papers, this one is from our friends at Washington University in St. Louis. The call for papers, almost in its entirety, is below: In fall 2007, the Washington University School of Law Clinical Education Program sponsored a very successful scholarship roundtable on New Directions in Clinical Theory, Teaching, and Practice. Papers from … Continue reading Another Call for Papers – New Directions in ADR Theory, Teaching, and Practice
Our friends at UNLV are blog worthy again, this time with a request for proposals. The RFP is in its entirety below. The Saltman Center for Conflict Resolution at the Boyd School of Law, UNLV, together with a consortium of local practitioners, is putting together a conference for February 12-13, 2010 that is tentatively entitled: … Continue reading Request for Proposals – The Economic Crisis and Conflict Resolution
As reported in the April edition of the Resolution System Institute’s Court ADR Connection e-newsletter (a great e-newsletter devoted to information on Court ADR) A report recently released by the American College of Trial Lawyers Task Force on Discovery includes a recommendation that courts should “raise thepossibility” of pre-trial mediation and other ADR processes, and … Continue reading American College of Trial Lawyers Task Force Recommends Use of ADR
