As is his practice, Larson Frisby of the ABA Governmental Affairs Office has prepared his annual Federal Legislative Update, reporting on the status of federal ADR legislation and other related proposals and measures of interest to practitioners and public policy followers.
The law of employee class action waiver has, to date, been entwined in the law of arbitration. Agreements to arbitrate being heavily favored, courts have been reluctant to refuse to enforce agreements to arbitrate that also included agreements not to engage on collective remedies such as class actions.
Colleagues at both the CCPIT Mediation Centers and the newly-minted Mainland-Hong Kong Joint Mediation Center have extended invitations to what promises to be a fascinating conference on 18-19 September in the beautiful city of Hangzhou.
Transforming Justice, Lawyers and the Practice of Law is a collection of writings by participants in the Project for Integrating Spirituality, Law and Politics (PISLAP) and others actively engaged in transforming law.
Michael Leathes has written a book on negotiation that is aimed at corporate counsel. In so doing he has given us a clear insight into the challenges of decision making within corporations, and the skills needed for those of us who counsel them.
This post is prompted by mixed motives of alerting practitioners to a great CLE opportunity, and what NPR’s Car Talk used to call its “Shameless Commerce Dept.”
A few months ago we posted disconcerting news of a dissatisfied party to a California arbitration who, rather than seeking to vacate the award pursuant to state or federal arbitration statutes, sued the arbitrator and the service provider.
For many years, a tempest has surrounded public policy approaches to consumer protection, largely implicating three utterly inapt legal constructs: FRCP 23, the Federal Arbitration Act, and traditional principles of contract formation.
Lincoln famously wrote: “As a peacemaker the lawyer has a superior opportunity of being a good man.” Without challenging this proposition, I have often wondered to what extent lawyers are uniquely positioned to achieve “goodness,” or to do “good” for others.
The volume is purposely anecdotal. The idea is to “popularize” mediation by telling stories. Prof. Love explained that stories educate and inspire, educate and entertain people. We are more eager to hear stories than to be taught.
The issue is also addressed in a terrific article appearing in the Spring 2017 issue of the New York Dispute Resolution Lawyer. Professor Elayne E. Greenberg of St. John’s Law School evokes circumstances “When the Empty ADR Chair is Occupied by a Litigation Funder,” and her succinct observations make dandy reading.
There is so much to do, see, hear and learn at the ABA Dispute Resolution Spring Meeting that I frequently find myself at a loss how best to spend my time. If you find yourself in such a quandary, I urge you to consider, at 1:45 p.m. Friday, in Room Pacifica .