ADRworld reports that: “In an effort to address the growing housing foreclosure crisis, New Jersey Gov. Jon Corzine (D) recently signed legislation appropriating over $12 million for state agencies to use in providing mediation services to homeowners facing foreclosure proceedings.” I know that Ohio has also been actively promoting the use of mediation to help … Continue reading $$$$ for foreclosure mediation
On the lighter side, today, one of my colleagues, Larry Garvin, sent me a link to the “Mediator March”, composed in 1915 by James M. Fulton (1873-1940). As Larry notes, it is odd to think of a march as representative of ADR, but, who knows? Here is a link: http://www.forgottenamericanmusic.com/recordings/The_Mediator_March.mp3 This weekend, Ms. Manners’ column … Continue reading The “Mediator March” and Ms. Manners
As I am finishing up the semester teaching dispute resolution and focusing on arbitration, we’ve been having lots of fun in class finding mandatory arbitration clauses in our life–credit cards, cell phones, apartment leases, etc. My favorite clause to teach is from Gateway computers which used to have a clause requiring arbitration under the International … Continue reading Mandatory Arbitration Limits?
So…if no one knew when you lied, would you do it? Would you lie to save money? Would you lie to save your client money? Would it matter the amount of money? I have often taught negotiation ethics using Richard Shell’s division of behavior–the idealists, the pragmatists and the poker-players. The poker players assume that … Continue reading As Honest As We Like to Think We Are
After thinking about Russell Korobkin’s thought provoking critique of Integrative Bargaining (Sean, thanks for the comments), my mind wandered back to an interesting exchange b/w my co-blogger Andrea and Russ. When Russ took the podium, he said he was ready to duck to avoid the rotten fruit and vegetables soon to be headed his way, … Continue reading Against Integrative Bargaining – coda
The Second Circuit in Stolt-Nielsen SA v. Animalfeeds Int’l Corp., No. 06-3473 (2nd Cir. 2008), www.reinsurancefocus.com/uploads/Stolt.pdf, held that courts may continue to review arbitration awards to determine whether the arbitrator manifestly disregarded the law when he or she rules on a case. Acknowledging that some courts have held that manifest disregard did not survive the … Continue reading Second Circuit Rules that Manifest Disregard Exists After Hall Street
Professor Russell Korobkin from UCLA gave an interesting talk at the AALS DR Section Works-in-Progress Conference a couple of weeks ago. His talk, Against Integrative Bargaining, was interesting and certainly caught the attention of everyone at the conference. His basic thesis was simple: Integrative Bargaining (or problem-solving negotiation or interest based negotiation) is oversold. Looking … Continue reading Against Integrative Bargaining
I attended a conference at NYU two weeks ago as part of NYU’s Journal of International Law & Politics symposium on the “Normalization of Adjudication in Complex International Governance Regimes.” Invited to bring a little dispute resolution to this otherwise complete adjudicatory focus, it was very interesting to think about what the “normalization” of international courts and … Continue reading Dispute Resolution and the Normalization of International Adjudication
I was just informed that certiorari was granted in Arthur Andersen LLP, et al., v. Carlisle, et al. (08-146), on Friday. The question at issue is whether, under the Federal Arbitration Act, federal circuits courts have jurisdiction to hear appeals of denials of motions to compel arbitration raised by parties that did not sign the … Continue reading Certiorari Grant in Third Arbitration Case for 2008-09 Term
Is one’s bottom line (or reservation price or walk away point) in negotiation a material fact under Rule 4.1? If so, why is that? I’ve been wrestling with these two questions in a piece I’m writing on attorney negotiation ethics (thanks to those who gave me feedback on the article at the AALS Works-in-Progress conference … Continue reading One’s Bottom Line – A Material Fact under Rule 4.1?
