Noam Ebner posted a comment on the DRLE listserv about the recent series of articles in the New York Times about arbitration. I wrote the following comment, in part, responding to his. I am reproducing his comment with his permission. In my comments below, I added a paragraph which wasn’t in my listserv comment, about … Continue reading Problems with the New York Times Series on Arbitration
A message from my colleague, S.I. Strong: Dear all I’m the moderator of Young OGEMID, which is aimed at junior associates, academics and students interested in international dispute resolution. The listserve serves a variety of purposes, but I’m writing because we’re going to be doing a virtual symposium next week on writing for publication and … Continue reading YO – Listserve and Discussion about International Dispute Resolution
First, I suggested that trials should be considered as part of (A)DR. Now, my school publishes a symposium on judicial education in our Journal of Dispute Resolution. You might understandably wonder if we have lost our freaking minds. I submit not. Rather, I think that this reflects an evolution of our goals and how we … Continue reading Dispute Resolution Systems and the Future of Our Field
Tis the season of the US News tournament, when our mailboxes fill with literature touting the achievements of law schools far and wide. Most of us think that this “game” is seriously flawed and wish our schools didn’t have play the game, but we generally feel compelled to do so because of the significant consequences. … Continue reading Missouri Scholarship Booklet
Here’s an announcement from my colleague, Carli Conklin. Greetings, colleagues! The Center for the Study of Dispute Resolution and the University of Missouri School of Law are hosting a Works-in-Progress Conference on the History of Dispute Resolution, to accompany our November 13, 2015 symposium on arbitration history. We’d love to have you take part! For … Continue reading Call for Proposals: Works-in-Progress Conference on History of Dispute Resolution
You are cordially invited to this program at the ABA conference in Seattle, which will take place on Friday, April 17, from 3-4:15, in the Orcas Room. My partners in crime for this caper are Alyson Carrel, Jim Coben, and Noam Ebner. Here’s the idea for our program – How many times have you heard … Continue reading Everything You Know about Dispute Resolution is Wrong – Can You Handle the Truth?
Jen wrote a comment about my post that built on Prof. Vincent Cardi’s new article, “Litigation as Violence,” describing some effects of “violence” even from non-physical acts. She wrote: We in ADR should not undervalue, when analyzing the dispute resolution landscape, the regulatory function of litigation in the United States. A business executive may feel … Continue reading Minimizing Unnecessary Violence in Litigation and Other Dispute Resolution Processes
The Washington University School of Law Whitney R. Harris World Law Institute and Negotiation & Dispute Resolution Program (that’s a mouthful) is sponsoring a symposium on international dispute resolution on Friday, Feb. 6, from 8:30 am until noon. The symposium includes panels entitled “International Arbitration and the Cross-Border Deal” and “Mediating International Disputes – An … Continue reading International Dispute Resolution Symposium at Washington University
Does ADR include trials? I know, I know. This sounds like another one of my dumb questions. Although I have a pretty broad conception of DR, my initial reaction was that trial is one of the few procedures I would exclude from DR. As described below, on reflection, I probably would include trials. More importantly, … Continue reading What is (A)DR About?
I learned this morning that General Mills retracted its arbitration policy in the face of considerable criticism. See http://www.nytimes.com/2014/04/20/business/general-mills-reverses-itself-on-consumers-right-to-sue.html?_r=0. Imre Szalai comments on the reversal: “You have probably seen the news that general mills reversed itself this weekend after the public outcry over GM’s recently-implemented arbitration policy. I’m glad this 180 degree reversal occurred. I … Continue reading General Mills Reverses Course — Comments from Imre Szalai
I thought some of you might like to see the arbitration clause General Mills has on their website. To find it, you must click on legal terms on their home page. Here are the terms: Legal terms This page contains important legal terms affecting your relationship with General Mills, including all of its affiliated companies … Continue reading General Mills’ Arbitration Clause
From BNA’s Daily Labor Report: “The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear and reverse a 2-1 panel decision that rejected the NLRB’s position that class and collective action waivers in an employer’s mandatory arbitration policy interfered with employee rights under … Continue reading NLRB files petition for rehearing in D.R. Horton (class arbitration) case