Is there a flight from arbitration?

On SSRN, Chris Drahozal and Quentin Wittrock posted an article analyzing whether franchisors are moving away from mandatory arbitration. Their abstract states: Reports of dissatisfaction with arbitration are increasingly frequent. A recent article by Eisenberg and Miller suggests that businesses are fleeing arbitration, while [a]necdotal evidence suggests that franchisors are either abandoning arbitration altogether or … Continue reading Is there a flight from arbitration? →

The New York Times: “Study Finds Settling is Better than Going to Trial”

Of course, headline writers invariably overstate what the subsequent article actually says.  The NYT Business Section ran an article by this title last week, and the headline-to-content mismatch is no more egregious than is probably typical for such articles. The newspaper article describes a soon-to-be published empirical study of settlement behavior, the conclusion of which, … Continue reading The New York Times: “Study Finds Settling is Better than Going to Trial” →

Pyett Files Brief in Supreme Court Arbitration Case

The Respondents in the Pyett v. 14 Penn Plaza case, to be argued in the United States Supreme Court this fall, filed their brief this week. http://www.adrworld.com/si.asp?id=2498 Pyett’s argument is based primarily on a belief that Gardner-Denver, is still good law. According to respondents, “This Court’s holding in Alexander v. Gardner-Denver-Co., 415 U.S. 36 (1974), … Continue reading Pyett Files Brief in Supreme Court Arbitration Case →

ADR in Insurance Claims – Possible Lesson from the UK?

Daniel Schwarcz of the University of Minnesota recently posted an article to SSRN entitled, “Toward a New Approach to Resolving Consumer Insurance Disputes.”  Schwarcz’s background is entirely in Insurance Law, and he is a self-confessed newcomer to ADR.  He asked that I post a link to his article, with the hopes that he’ll receive feedback … Continue reading ADR in Insurance Claims – Possible Lesson from the UK? →

Negotiating with Terrorists–What is the Correct Exchange Rate?

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I am linking here to a terrific post by Amos Guiora and Martha Minow about the exchange that happened last week between Israel and Hizbollah.  They note two very important negotiation issues ongoing in the exchange of five convicted–and live terrorists–for two bodies of Israeli soldiers.   One is the ongoing Israeli commitment to leave no Israeli soldier … Continue reading Negotiating with Terrorists–What is the Correct Exchange Rate? →

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