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Archived articles from April 2015
16 articles found
Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses
By Beth Graham - April 27, 2015
Michael L. Rustad, Thomas F. Lambert Jr. Professor of Law at Suffolk University Law School, and Thomas H. Koenig, Professor of Sociology and Anthropology at Northeastern University, recently published “Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses,” Case Western Reserve Law Review, Vol. 65, p. 341, 2014; Suffolk University Law School Research Paper No. 15-18.
Use and Perception of International Commercial Mediation and Conciliation: An Empirical Study
By Beth Graham - April 20, 2015
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri School of Law, has published, “Use and Perception of International Commercial Mediation and Conciliation: An Empirical Study,” 21 Harvard Negotiation Law Review (2015), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-07.
Special Masters: How To Make the Best of Both Worlds, Part XI
By Merril Hirsh, James Rhodes & Karl Bayer - April 16, 2015
In Parts Nine and Ten, we discussed how there is a rap on using special masters that stems the way in which special masters are selected and used. As we discussed, currently, when judges bring special masters into cases it is generally both ad hoc (specific to the case, and chosen based on virtually no standardized criteria) and post hoc (often to deal with messy disputes after they have arisen and potentially become intractable, instead of up fr
Where Have All The Idealists Gone? Long Time Passing, Part IX
By Jeffrey Krivis - April 16, 2015
The use of improvisational music and artistry is what unconsciously drew me in to the field in the first place, and has kept my gears going and gives me inspiration for the future. When I hear educators try and “teach” the methods of mediation, I can’t help but think that they are missing the link between theory and reality.
Where Have All The Idealists Gone? Long Time Passing, Part VIII
By Jeffrey Krivis - April 13, 2015
I grew up in the 1960s and 70s where music and art were transforming the world with strong inflections of missionary zeal for disruption and harmony. While it is not completely accurate to compare the work of mediators to musicians, understanding the parallel structures about listening and teamwork help enlighten our future.
Fifth Circuit Rules Arbitrator Exceeded His Authority in Contract Dispute
By Beth Graham - April 10, 2015
The United States Court of Appeals for the Fifth Circuit has held that an arbitrator exceeded his authority in a contract dispute.
Where Have All The Idealists Gone? Long Time Passing, Part VII
By Jeffrey Krivis - April 9, 2015
In order to help the parties reach their goals, sometimes the most effective and transparent exchange of information occurs early on and privately, before the parties ever have a chance to meet each other in a joint session. If that works, why not use it? If it doesn’t work, mediators always have other tools to use, including various hybrid forms of joint meetings to call upon.
Where Have All The Idealists Gone? Long Time Passing, Part VI
By Jeffrey Krivis - April 8, 2015
The idealists in the mediation movement have struggled to maintain the vision of the forefathers and foremothers who discovered the process. This has led to a complicated but critical discussion about which parts of the process are working and which are not. The central focus of the process that has been under scrutiny is whether or not to conduct a joint session, a key communication piece of the process.
Fifth Circuit Upholds Arbitration Panel’s Award in Legal Fees Dispute
By Beth Graham - April 8, 2015
The Fifth Circuit Court of Appeals has overturned a district court’s order vacating an arbitral panel’s award in a legal fees dispute.
A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act
By Beth Graham - April 7, 2015
Assistant Professor of Law Kristen Blankley, University of Nebraska College of Law, has published a thoughtful paper entitled, “A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act,” George Mason Law Review, Forthcoming.
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