Category Archives: General

ADR Meets Bankruptcy, Part 3 – Enforcing Arbitration Agreements

At the ADR Meets Bankruptcy conference at St. John’s, I sat on a panel with Steve Ware and Marianne Culhane that addressed the enforcement of pre-petition arbitration agreements in bankruptcy.  The panel was moderated by Alan Resnick, who had written on the topic a couple of years ago. Several interesting points came out of the … Continue reading ADR Meets Bankruptcy, Part 3 – Enforcing Arbitration Agreements

New Arbitration Books (or at least new editions of existing books)

Two recent announcements: Cases and Materials on Arbitration Law and Practice, Fifth Edition  (West) Thomas E. Carbonneau, Penn State ISBN 978-0-31491-142-1 Stone and Bales’ Arbitration Law, 2nd Edition (West) Katherine V.W. Stone; Richard A. Bales ISBN-13:    9781599416465 I’ve not yet given them a look, but given the recent developments in this area of the law, … Continue reading New Arbitration Books (or at least new editions of existing books)

Request for Proposals – Hosting the AALS Alternative Dispute Resolution Works-in-Progress Conference

The RFP to host the AALS DR Section’s WIP Confernce in the fall of 2010 recently came out, and it appears in it’s entirety below.  Just an fyi, this year’s conference (at Harvard Nov. 13th and 14th) is shaping up quite nicely and we’ll have more information about it here shortly. * * * * * * * … Continue reading Request for Proposals – Hosting the AALS Alternative Dispute Resolution Works-in-Progress Conference

Problem Solving Courts Symposium in Maryland

The University of Maryland School of Law will hold a symposium on November 6, 2009:   Problem Solving Courts: A Conversation with the Experts. The conference announcement states: Please join us for a conversation with a diverse array of Maryland practitioners and national experts about past, present and future role of problem solving courts in our judicial system. … Continue reading Problem Solving Courts Symposium in Maryland

Mediation Confidentiality & Attorney Malpractice

Not long ago, a federal court in Oregon gratned summary judgment for the defendants in a legal malpractice claim.  The case highlights the stakes involved in expansive mediation privileges.  Or put differently, the case highlights the tradeoffs of having limited exceptions to a mediation privilege.  For anyone looking for a good set of modern facts … Continue reading Mediation Confidentiality & Attorney Malpractice

FINRA Expands Its Public Arbitrator Pilot Program

FINRA Dispute Resolution announced earlier this week that it is expanding the pilot program it launched in 2008 to provide investors with more choice in selecting arbitrators for customer cases heard by FINRA arbitrators.  Rather than being forced to select at least one industry arbitrator on all three-arbitrator panels, FINRA gave investors the right, in essence, to strike … Continue reading FINRA Expands Its Public Arbitrator Pilot Program

Proposed Legislation Designed to Avoid Arbitration of Tort Claims

The Daily Labor Report notes that Senators Al Franken and Mary Landrieu proposed legislation designed to address some of the issues raised by the Jamie Leigh Jones case. That case, discussed in one of my earlier posts, addressed the question whether an employee of Halliburton could be required to arbitrate her rape claims as well … Continue reading Proposed Legislation Designed to Avoid Arbitration of Tort Claims

Interesting Interactive Devices for Classroom Use

Just learned about a blog, written by Adrienne Carlson, that has links to a number of devices to be used in the classroom. It looks like some of them would be useful for teaching dispute resolution. See http://www.accreditedonlineuniversities.com/100-best-open-source-apps-for-educators/ (look at CoFFEE and Mando, in particular).