Anyone who has ever gotten angry with a spouse or been demeaned and humiliated by a co-worker will recognize this fact readily. It is also important to note that conflicts sometimes arise precisely because parties ignore their own or others’ feelings and emotions.
“Capacity building, capacity development, empowerment and strengthening-all describe an increase in the ability of a social organization to achieve the goals that are set by that organization.”
One of the issues before the Court is particularly interesting: Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.
The Supreme Court has granted certiorari to review the decision of the 1st Circuit in Oliveira v. New Prime, Inc. (No. 15-2364, May 12, 2017). One of the issues before the Court is particularly interesting: Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.
JAMS Rule 11(b) provides: “Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which Arbitration is sought ? shall be submitted to and ruled on by the Arbitrator.
Yesterday was an interesting day for me. I spent the day in a training for a Personnel Commission for which I have served as a Hearing Officer for over a decade. At its conclusion, a very young female participant in the training took me aside and complemented me for being a “bad ass” woman whom she hoped to emulate in her burgeoning career.
Mediation can be hard. Often, the parties start out a great distance apart, work towards narrowing the gap, but occasionally can’t quite straddle the gulf to come to an agreement in a single day. Last week, I gave my final lesson to my students at Pepperdine on sophisticated steps for breaking an impasse. I told them that it was a matter of both skill and faith.
Albert Einstein summarized his genius: “I have no special talents. I am only passionately curious.” Fortunately, curiosity is a trait that can be activated with us.
The UN has designated 2018 as the year of sustaining peace. But until recently, very little was known about peace. War has consumed researchers for centuries—which is sort of like studying bankruptcies to learn what makes for a thriving business. Through a review and synthesis of case studies of 74 non-warring and over 80 internally peaceful societies, we have discovered surprising, hopeful truths about peace—which should shape the UN’s efforts going forward.
Fred Rogers (known to children all over as “Mr. Rogers”) used to say that when he was a boy and would see scary things in the news, his mother would say to him, “Look for the helpers. You will always find people who are helping.” It’s good advice in conflict, too. Often, there are two or more angry and challenging personalities.
Thanks to Loyola Prof. Imre Szalai for bringing to our attention the interesting Ninth Circuit decision in Breazeale v. Victim Services, Inc., holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.
The current issue of New York Dispute Resolution Lawyer — really a very good publication of the New York State Bar Association’s Dispute Resolution Section — includes a brief article by Roy Weinstein of the economic research and consulting firm Micronomics.