Passing of Roger Wolf
I am writing to share the news that Roger Wolf, a professor and pioneer of ADR in Maryland, passed away on Saturday, December 30, 2017.
Environmental
Scholastica Interview with Shestowsky
Scholastica, the service many of us use to disseminate our articles to law reviews, recently interviewed Donna Shestowsky (UC-Davis) about her work on litigant awareness of court ADR programs. Here’s the interview in full.
Ben Davis: Fun with Technology, Arbitration Clauses and a Mock International Commercial Arbitration
As has been noted by Professor Stacie Strong, people should be very careful about drafting arbitration clauses. They can lead to many complications in just getting the arbitration started.
Adjudicating Alleged (Palestinian) Crime and Terror in the West Bank and Gaza
Maureen Weston (Pepperdine) provides this intriguing post from the Ofer military base in Israel.
Mosten and Scully’s New Book on Unbundled Legal Services
Unbundling goes by many names, including “limited scope legal services.” Lawyers provide specified services to clients rather than “full service” representation. It’s like ordering food à la carte instead of a fixed, seven-course meal.
DR Faculty Seminar in Israel- Israel’s Military Courts: Adjudicating Alleged (Palestinian) Crime and Terror in the west Bank and Gaza
The conflict over the sacred land in the West Bank, which includes East Jerusalem, in Israel is deeply rooted and profoundly intense. This region has been under rule by the Turks in the Ottoman Empire (1517- 1917), Britain (1917-48), Jordan (1948-67), and since the Six Day War in 1967, under control by the Israeli army.
Stone Soup: Takeaways from new Hampshire Mediation Training
Recently, Susan Yates and I conducted mediation trainings on behalf of the United States District Court for the District of New Hampshire, the New Hampshire Judicial Branch Office of Mediation and Arbitration, and the University of New Hampshire, School of Law.
Lawyers’ Ethical Responsibility In Negotiating Confidential Settlements On Behalf Of Serial Lawbreakers
Confidential settlements have stirred controversy when they have been used to hide serious public health and safety violations, though people generally think that confidential settlements are appropriate. Indeed, people often tout confidentiality as one of the benefits of ADR.
Louis C.K.’S Apology
Since the recent publications about Harvey Weinstein’s alleged serial sexual misconduct, there has been a wave of stories about others who have allegedly committed sexual misconduct. The comedian Louis C.K. is one of the men who has been accused. He publicly acknowledged that the accusations were true and apologized.
Do You Use “BATNA” Wrong?
In most legal disputes, there is considerable uncertainty. Lawyers and parties discount their assessments of possible outcomes to reflect the risks, so MLATNAs therefore are always inferior to the BATNAs.