Asking questions is one of the most powerful – and often misused – tools for professionals in dispute resolution settings, whether legal, workplace, mediation or anywhere. When you are dealing with high-conflict clients, it is especially important to consider the timing of different types of questions and also to know what questions you should never ask.
From New York, an interesting institutional approach to small-stakes dispute resolution: the Office of Administrative Trials and Hearings (OATH).According to the article, OATH was created in 1979 as an “independent alternative” to internal agency tribunals.
With respect to whether the daughter was bound by the plain language of the arbitration agreement, the Court had no trouble concluding she was not. The arbitration agreement specifically applied to claims made by authorized users of the account.
Dispute resolution is defined broadly and includes dispute system design, conflict management, organizational decision-making, dispute prevention, and transactional negotiation, among other things.
I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me.
n Wells Fargo Advisors, LLC v. Sappington, 2018 WL 1177230 (2d Cir. March 7, 2018), a putative class of former Wells Fargo employees brought suit for unpaid overtime (FLSA).
Since we started the Project about a year ago, we have engaged almost 1000 students in 40 classes covering 12 subjects, taught by 32 faculty from 25 schools in 3 countries.
Peter Joy (Washinton University School of Law) has published “The Uneasy History of Experiential Education in U.S. Law Schools,” forthcoming in the Dickinson Law Review and available here. The abstract: This article explores the history of legal education, particularly the rise of experiential learning and its importance.