Latest Empirical Study Supports Use of Consumer Arbitration

The Institute of Legal Reform, an arm of the U.S. Chamber of Commerce, released a study today that offers further evidence that arbitration can be beneficial to consumers in their disputes with businesses. According to the report, at www.instituteforlegalreform.com/media/pressreleases/20080715.cfm, consumers fare better in arbitration than in litigation: “The new analysis, conducted by Navigant Consulting, looked … Continue reading Latest Empirical Study Supports Use of Consumer Arbitration

Fairness in court-affiliated mediation

Christopher Annunnziata, who blogs at ckamediation.com recently wrote a post entitled, “Is Court-Referred Mediation Fair?” My first instinct on reading any articles on fairness in court-connected mediation is to place them in this context of Nancy Welsh’s work and about Carrie Menkel-Meadow’s work. Nancy and Carrie have, to my mind, provided awfully thorough treatment of … Continue reading Fairness in court-affiliated mediation

Mediation, Probate, and Estate Planning

Lela Love and Stawart Sterk recently published an article, Leaving More than Money: Mediation Clauses in Estate Planning Documents, 65 Wash. & Lee L. Rev. 539 (2008). The abstract of their article reads: When probate disputes arise, an increasing number of courts have been referring those disputes to mediation. Estate planners, however, have been less … Continue reading Mediation, Probate, and Estate Planning

Alternatives to Alternatives: The EEOC’s Next Experiments

I read recently that the Equal Employment Opportunity Commission has voted to permit pilot projects aimed at developing alternative ways of processing EEO complaints.  I have not read the details of the draft regulation.  As I understand it, the principal motivation for the regulation is to encourage creativity and flexibility in the handling of these … Continue reading Alternatives to Alternatives: The EEOC’s Next Experiments

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