At the ABA Annual Meeting this week I will be privileged and honored to be entrusted with the Chair of the Dispute Resolution Committee of the Business Law Section for a three-year term. The Committee is growing in size and influence, and will be associated with several CLE offerings. ...
Karol Denniston of Schiff Hardin has brought our attention to recently enacted legislation in California requiring mediation, in most instances, before a municipality may seek protection under Chapter 9 of the federal bankruptcy laws. The new law (Assembly Bill 506) requires a municipality to either participate in a 60-day "neutral evaluation process"...
Amid the confusion of various holdings on arbitrability, and who decides arbitrability, and how parties decide who decides arbitrability, comes a lucid and calm opinion from the Superior Court of New Jersey Appellate Division in Merrill Lynch v. Cantone Research....
Many colleagues -- both professors and practitioners -- have kindly supported and encouraged my ongoing inquiry into methods of conflict resolution that are based on assumptions other than self-interest. These investigations have appeared periodically in this blog and in papers and presentations at various professional meetings and symposia. The Cardozo Journal of...
Tom Stipanowich has called the recent Supreme Court arbitration rulings the "Third Trilogy." The Circuit Courts of Appeals appear to be having trouble interpreting these influential holdings, and are coming up with awkward and inconsistent guidance. Courts of Appeal for at least six Circuits have weighed in during the past 60-90...