Arbitration|Courts|Employment

Supremes Grant Cert on NLRB Challenge to Class Waiver

Arbitration|Courts|Employment

Supremes Grant Cert on NLRB Challenge to Class Waiver

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer's unilaterally promulgated waiver of employees' right to participate in collective redress. Despite reports to the contrary, it seems prudent to remember that this is not an...

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Conflict Resolution|Europe|systems design

Two Passions at Once

Conflict Resolution|Europe|systems design

Two Passions at Once

Those who know me, know that I am an avid enthusiast of Richard Wagner's theatre works.  This year alone I have attended a Ring Cycle in Washington, a performance of Das Rheingold in Chicago, a new productions of Tristan und Isolde at the Metropolitan Opera, another Tristan at the English...

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Conflict Resolution|International|Mediation

Global Pound Conferences: Singapore Report

Conflict Resolution|International|Mediation

Global Pound Conferences: Singapore Report

We have previously noted the series of convenings under the auspices of the International Mediation Institute, Herbert Smith Freehills, and others, under the title "Global Pound Conference."  The first was held in Singapore in March of this year, and a formal report on the proceedings, as well as a analysis...

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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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