The upcoming Annual Meeting of the ABA Business Law Section in Boston (Sept. 8-10) features two opportunities to understand the various perspectives on recently promulgated proposed rules of the Consumer Financial Protection Bureau. The rules, if they become effective, would (among other things) render unenforceable provisions of consumer agreements that...
The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field. In the past several months, many members of these various entities undertook a collaborative effort to "cut across the solos." The result is a unique new volume titled ADR...
Richard Nixon was responsible for many teaching moments. One of my favorites is the advance in American appreciation of the difference between the passive voice ("Mistakes were made") and the active voice ("I made mistakes") that was offered by his press secretary, and echoed by other presidents. A recent paper by...
Last year the International Institute of Conflict Prevention and Resolution ("CPR") published a new volume, Cutting Edge Advances in Resolving Workplace Disputes. It is a fine book, an deserves to be a steady reference to practitioners and systems designers in the field. ...
David Hoffman‘s capacity to lead by inspiration is unparalleled. When you attend a program or lecture by David, you feel as if he’s talking to you over a table, sharing stuff that matters to him in the hope that it will matter to you, too. David recently gave a TEDx Talk...
The Dispute Resolution Section of the New York State Bar Association, under the Chairmanship of David C. Singer, has published a dandy 23-page booklet to introduce lawyers accustomed to the courtroom to the intricacies and nuances of representing a client in arbitration. as the Introduction notes: It is a common misconception...
In a previous post I noted the work of the ABA Dispute Resolution Section's Committee on Mediator Ethical Guidance, which interprets the Model Standards of Conduct for Mediators (promulgated in 2005 by the ABA, AAA and ACR). In that same post, I noted the frequent close correlation between ethical lapses...