Arbitration|Courts

NY Times: “Arbitration” = Secretive and Unfair

Arbitration|Courts

NY Times: “Arbitration” = Secretive and Unfair

On the front page of today's New York Times there appears an article reporting on a legal argument that is purportedly being advanced by Wells Fargo in response to claims brought on behalf of thousands of customers in whose name, and without whose knowledge, over 2,000,000 "sham" accounts were established. The...

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Arbitration|Courts

NJ Supreme Court on Agreements to Arbitrate

Arbitration|Courts

NJ Supreme Court on Agreements to Arbitrate

We have previously noted the New Jersey Supreme Court's somewhat radical view of arbitration agreements -- including the proposition that, to be enforceable, each party to the contract needs to understand what arbitration means.  This principle has been applied to a subsequent dispute before the State Supreme Court, resulting in...

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Conflict Resolution|Teaching

Upcoming Volume on Transforming Justice and Lawyers

Conflict Resolution|Teaching

Upcoming Volume on Transforming Justice and Lawyers

Prof. Marjorie Silver of Touro Law Center has sent me the proofs of a book that she is editing, scheduled to be released in January 2017 by Carolina Academic Press.  Titled Transforming Justice, Lawyers and the Practice of Law, the volume collects brave and insightful essays on the sometimes uncomfortable...

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Conflict Resolution|International|Mediation

Keynote at Asian Mediation Conference

Conflict Resolution|International|Mediation

Keynote at Asian Mediation Conference

I was honored to address the 4th Conference of the Asian Mediation Association in Beijing,  held 20-21 October, 2016, as a keynote speaker.  My remarks appear below. * * * What the West Can Learn from Chinese Mediation by Peter Phillips[1] I first visited China almost 15 years ago as a representative of the CPR...

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Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

I write from Beijing, where the two-day Conference of the Asian Mediation Association has been held, organized by the China Council for Promotion of International Trade (CCPIT) Mediation Centers.  I was very excited to return to Beijing after nine years' absence and to meet so many like-minded, but differently-situated, colleagues. The...

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Arbitration|Courts|Employment

Waiver of Class Action Without Arbitration Provision

Arbitration|Courts|Employment

Waiver of Class Action Without Arbitration Provision

In considering the debates raging about the enforceability of class action waiver provisions in arbitration clauses, I have always assumed that the arbitration clause was there just as a vessel to hold the class action provision.  That is, I thought that there was no vehicle to waive class actions outright....

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Arbitration|Conflict Resolution|Mediation|United States

New York’s Global Pound Conference

Arbitration|Conflict Resolution|Mediation|United States

New York’s Global Pound Conference

A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.  Of all the many institutions and volunteers who were responsible for this success, the International Mediation Institute takes the...

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