Last week, the Centers for Medicare & Medicaid Services (CMS) finalized a revised rule (the 2019 Final Rule) removing the prohibition in the 2016 Rule on pre-dispute arbitration agreements for long-term healthcare facilities but keeping provisions from the 2016 rule “banning facilities from requiring that residents sign arbitration agreements as a condition of admission to … Continue reading Long-Term Healthcare Arbitration Update
Isn’t there a better way? Those words of former Chief Justice Warren Burger reflect the aspirations of our community for innovation and improvement of traditional processes of dispute resolution. Although he was not generally lauded for his jurisprudence, people in our field remember his early support for our ideas. In a 1982 speech to the … Continue reading What’s Your Theory of Change for Dispute Resolution? – Part 1
Alert readers know that I am worried about the future of DR in US law schools. There is a large cohort of senior law school faculty who are aging toward retirement with limited prospects of replacement with new faculty. It would be nice if, in the next 10-20 years, we could expect that law schools … Continue reading Infect a Colleague Today – and Next Year and the Year After That!
From AFFOI Rishi Batra: On Monday, July 29th, several law professors from around the country who teach alternative dispute resolution met at the Southeastern Association of Law Schools (SEALS) conference in Boca Raton, FL for a wide-ranging discussion entitled “Using Dispute Resolution Skills to Teach Current Events.” Among those present were Cynthia Alkon (Texas A&M), … Continue reading Using Dispute Resolution Skills to Teach Current Events
This post is by Rebekah Gordon, Northwestern School of Law, Class of 2020, with her reflections on the Past-and-Future conference. I will never forget my first experience in my mediation course. It all clicked for me. I found a class that allowed me to stretch my communication muscles in a legal context that wasn’t moot … Continue reading The Future is Calling. Don’t Hang It Up Yet!
This post is by Andrew Mamo, a lecturer and clinical instructor at Harvard Law School with his reflections about the Past-and-Future conference. My thanks to the organizers and participants at the “Appreciating our Legacy and Engaging the Future” conference. It was a tremendous gathering of so many individuals in our field — from those who … Continue reading Appreciating Our Legacy in Two Ways
BuzzFeed published a long article detailing Donald Trump’s long history of using arbitration clauses to keep his disputes secret. Not surprising. Of course, he’s not alone. [Click the title of this post to get the link to the article.]
At the ABA Meeting the team of Deb Eisenberg, Carol Izumi, Lydia Nussbaum, and Ellen Waldman put together a great program on trigger warnings as a part of the Legal Educators’ Colloquium. After hearing their discussion of students having difficulties coping with some of the issue brought up during in simulations, I was a bit … Continue reading Trigger Warnings Needed Here? (Updated 8/9/19)
The ABA Journal reported that US District Judge Dan Polster is considering certifying a class action in the massive opioid case specifically for negotiation. The class would consist of 33,000 cities, towns, and counties. The proposal could help protect against an unfair settlement that is reached by lawyers before approval by the class, proponents say. … Continue reading Possible Federal Class Negotiation in Opioid Case
The following series of posts are in response to a request to separately post reactions to the Past-and-Future conference I previously posted. Today I am posting summaries of programs at the conference. Tomorrow I will post some reflections about the experience. This post is about a plenary program moderated by Noam Ebner with Ava Abramowitz, … Continue reading New Horizons for the ADR Field: Where Are We Headed, and Where Can We Go?
