Conflict Resolution|Courts|International|Mediation|systems design

Market Disruption, Anyone?

Conflict Resolution|Courts|International|Mediation|systems design

Market Disruption, Anyone?

You can read all kinds of Richard Susskind books about disruption in the legal markets, but sometimes, like St. Thomas, you gotta see it to believe it. Recently I attended a Mediation Summit in Hangzhou, China, and with some other American colleagues I was given a tour of the West Lake...

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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|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|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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Arbitration|Employment|International|Mediation|systems design

UIA Mediation Forum and Employment Systems Design

Arbitration|Employment|International|Mediation|systems design

UIA Mediation Forum and Employment Systems Design

The Union International des Avocats have hosted the World Forum of Mediation Centres since 2002, and I have attended all but three of their meetings.  It is a convivial crowd of well-informed, deeply committed and sociable folks who tend to meet at interesting (mostly European) venues. The meeting scheduled for Luxembourg...

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Conflict Resolution|systems design

Ombudsman at the CFPB

Conflict Resolution|systems design

Ombudsman at the CFPB

Wendy Kamenshine, Ombudsman for the Consumer Financial Protection Bureau office, along with her colleague Sharon Asar, conducted an interesting presentation at the recent ABA Business Law Section Annual Meeting on the role of the Ombudsman office at the CFPB. The role of the office is to advocate for a fair process...

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