Resolution Systems Institute, which used to be known as CAADRS, sent this announcement about their new website. It looks like a great new resource for research on court ADR: A NEW WEB SITE FOR A TRUSTED RESOURCE: INTRODUCING COURTADR.ORG Resolution Systems Institute, formerly the Center for Analysis of ADR Systems (CAADRS), announces the launch of … Continue reading CAADRS Becomes RSI; New ADR Resources Available
Today’s New York Times Editorial entitled “The Cult of Secrecy at the White House” includes reference both to ombudsmen and to mediation. I am neither an every-day reader of the NYT editorial page, nor is my long-term memory as reliable as I’d prefer. But I cannot recall either of these staples of modern dispute resolution appearing … Continue reading Today’s New York Times Editorial
Professors Theodore Eisenberg, Geoffrey Miller and Emily Sherwin investigated a number of Fortune 100 firms’ use of mandatory arbitration clauses. See Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts (draft December 18, 2007). Their empirical analysis revealed that companies frequently use arbitration clauses in consumer contracts but do not … Continue reading Empirical Arbitration Analysis Reveals Companies Prefer Litigation
According to a traditional dynamic in a case with multiple defendants, a plaintiff makes a demand (or a new demand), and then each defendant has to decide how much to indicate it is willing to contribute to a settlement (with that calculation being based in part on the plaintiff’s demand and in part on the defendant’s … Continue reading Blind Negotiations
I was catching up on my taped Colbert Report shows over the weekend and saw a brilliant interview with Ambassador Andrew Young from earlier in January. It turns out that Andrew Young negotiated with Stephen Colbert’s father to settle a strike in South Carolina over 40 years ago. Black nurses at one of South Carolina’s … Continue reading Stephen Colbert, Ambassador Andrew Young, and How to Negotiate the End of the WGA Strike
There are many unforseen consequences of the writer’s strike, not the least of which is that my law students are watching American Gladiators. (Maybe they would do this anyway but I am clinging to the hope that, faced with choices, they would not.) When is the writer’s strike going to end? Is this strike, like the … Continue reading The Writer’s Guild Strike and American Gladiators
Well, I have finally recovered from the odyssey that it took to get home from New York two weeks ago and I thought it might be fun to start a conversation about what types of negotiation strategies and techniques work when your airport closes down. First, let me briefly encapsulate our trip. Seven professors on … Continue reading Negotiating Plane Rides (and getting home from AALS)
The ABA has just released promotional materials about an upcoming CLE program with the title “Deal Mediation: A New Use for an Old Friend.” I have at least four reactions: 1. It’s nice to hear the ABA refer to Mediation as an “old friend.” 2. It’s not clear to me that Deal Mediation is all … Continue reading Deal Mediation
A terrific symposium will occur tomorrow at the Moritz College of Law. You can watch a live webcast of the symposium at http://moritzlaw.osu.edu/jdr/symposium.html. Speakers include Cathy Costantino, Judge Wayne Brazil, Lisa Bingham, David Lipsky, Dale Hetzler, John Lande and Francis McGovern. The Second Generation of Dispute System Design: Reoccurring Problems and Potential Solutions January 24, … Continue reading Ohio State Journal on Dispute Resolution Symposium on Dispute Systems Design Tomorrow
Last Monday, January 14th, the United States Supreme Court heard oral argument in the Preston v. Ferrer case. This case raises the question whether the Federal Arbitration Act preempts the California Talent Agencies Act. Preston involves a dispute between a purported talent agent and his client, Alex Ferrer, over fees. “Judge Alex”, as he is … Continue reading Oral Argument in Preston v. Ferrer
