systems design

Consumer Redress and “The New Handshake”

systems design

Consumer Redress and “The New Handshake”

For many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating three utterly inapt legal constructs:  FRCP 23, the Federal Arbitration Act, and traditional principles of contract formation.  Accustomed to managing customer complaints but unwilling to expose themselves to the coercion of class actions, companies have...

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Conflict Resolution|Europe|International|Mediation

Stories Mediators Tell – World Edition

Conflict Resolution|Europe|International|Mediation

Stories Mediators Tell – World Edition

Many of the presentations at the ABA Dispute Resolution Section Meeting introduced new books in the field.  A notable example was Prof. Lela Love and her co-editor Glen Parker explaining the ongoing effort to open up mediation to people around the world who have may not have experienced it by...

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Conflict Resolution|Mediation|systems design

Lawyers as Peacemakers and Changemakers

Conflict Resolution|Mediation|systems design

Lawyers as Peacemakers and Changemakers

Lincoln famously wrote: “As a peacemaker the lawyer has a superior opportunity of being a good man.”  Without challenging this proposition, I have often wondered to what extent lawyers are uniquely positioned to achieve “goodness,” or to do “good” for others.  Don’t teachers also have a “superior opportunity” to do...

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Conflict Resolution|International|Religion

Interfaith Efforts at Peacemaking

Conflict Resolution|International|Religion

Interfaith Efforts at Peacemaking

There is so much to do, see, hear and learn at the ABA Dispute Resolution Spring Meeting that I frequently find myself at a loss how best to spend my time.  If you find yourself in such a quandary, I urge you to consider, at 1:45 p.m. Friday, in Room...

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Arbitration|Conflict Resolution|Ethics|Mediation

Third Party Funding in Arbitration — Ethics and Best Practices

Arbitration|Conflict Resolution|Ethics|Mediation

Third Party Funding in Arbitration — Ethics and Best Practices

In March 2017, New York Law School and the American Arbitration Association convened a discussion of "Hot Topics in Arbitration," one of which involved third party funding.  The event was taped and the provocative discussion can be viewed here. The issue is also addressed in a terrific article appearing in the...

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Conflict Resolution|Uncategorized

Apple’s Terms and Conditions

Conflict Resolution|Uncategorized

Apple’s Terms and Conditions

The invaluable publisher Drawn and Quarterly has ventured smack dab into current legal controversy with the February 2017 release of Terms and Conditions: The Graphic Novel, by Robert Sikoryak. The artist has taken the complete text of the iTunes Terms and Conditions and set them to graphic comics form.  Moreover, each...

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Arbitration|Conflict Resolution|Europe|International|Mediation

International ADR “Boot Camp” in London

Arbitration|Conflict Resolution|Europe|International|Mediation

International ADR “Boot Camp” in London

Many are the contracts contemplating cross-border purchases, but still sporting conventional forum selection clauses.  Many clients' businesses are running ahead of their attorneys' experience, resulting in contracts like a Florida company shipping to Bolivia, but calling for litigation in Tampa. Ever try to translate a judgment issued a Florida state court...

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