Conflict Resolution|Teaching|United States

Invitation for Students to Examine Civil Conflict

Conflict Resolution|Teaching|United States

Invitation for Students to Examine Civil Conflict

Professor Stacie Strong of the University of Missouri has announced a student writing competition to prompt critical thinking on the dispute resolution ramifications of the events surrounding the killing in Ferguson, Missouri and elsewhere.  The details of the competition are below.  It will be interesting to see what examples of...

More

Arbitration|Courts|Employment|United States

"Agreements" to Arbitrate: How Stands First Options?

Arbitration|Courts|Employment|United States

"Agreements" to Arbitrate: How Stands First Options?

As recently as 1995, the Supreme Court observed, in First Options of Chicago v. Kaplan, that arbitration was a creature of contract: "[A] party who has not agreed to arbitrate will normally have a right to a court's decision about the merits of its dispute." Yet what constitutes an agreement to...

More

Arbitration|Courts|United States

Arbitration as a Means of Avoiding Class Actions

Arbitration|Courts|United States

Arbitration as a Means of Avoiding Class Actions

In AT&T Mobility v. Concepcion, the Supreme Court held that a waiver of class action that was part of an arbitration clause in a consumer contract was enforceable despite state law to the contrary.  Subsequently, in Oxford Health Plans v. Sutton, it upheld an arbitrator’s ruling that a class action...

More

Arbitration|Conflict Resolution|Mediation|United States

ADR Regulation Proposals Before the US Congress

Arbitration|Conflict Resolution|Mediation|United States

ADR Regulation Proposals Before the US Congress

At a recent meeting of the Council of the ABA Dispute Resolution Section, R. Larson Frisby of the ABA Governmental Affairs Office gave a very useful summary of certain legislation currently before Congress that could have an impact on arbitration, mediation and other forms of ADR in the U.S.  With...

More

Negotiation|United States

Lincoln's Lessons for Lawyers

Negotiation|United States

Lincoln's Lessons for Lawyers

The interest in Abraham Lincoln sparked by the recent release of Spielberg's film prompts a reminder of Tom Stipanowich's recent article, in the ABA's Dispute Resolution magazine, on Lincoln as a counsellor and negotiator.  Lincoln's oft-quoted advice, "discourage litigation," becomes far more than an adage when one considers real-life instances of his actually...

More

Ethics|United States

New Apps! New Tech! New Ethics?

Ethics|United States

New Apps! New Tech! New Ethics?

An attorney keeps her client files on the hard drive of her laptop.  These files include confidential and sensitive client information, and attorney-client communications.  Leaving a dentist appointment, she discovers that her car's windows have been smashed and that the property inside the car -- including her GPS and her laptop -- have been...

More

Arbitration|United States

Prof. Stipanowich Assesses "The Third Arbitration Trilogy"

Arbitration|United States

Prof. Stipanowich Assesses "The Third Arbitration Trilogy"

Prof. Thomas J. Stipanowich  of Pepperdine University School of Law has come out with a smashingly responsible analysis of the most recent Supreme Court arbitration cases.  In his article, forthcoming in the American Review of International Arbitration, Stipanowich suggests that the three recent cases -- Stolt-Nielsen, Rent-A-Center and AT&T Mobility...

More