Mark LeHochey has written a wonderful publication titled, “Road to Somewhere.”  We invite you to check out the piece addressing, “How can attorneys take steps to improve settlement efforts and avoid unpleasant surprises as they map out a dispute resolution? One litigator-turned-general counsel-turned mediator (with some help from a distinguished rock star) points the way forward.”

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The Supreme Court of the United States has agreed to consider whether asking a party to an arbitration agreement to demonstrate prejudice when claiming a waiver defense violates the requirement established 10 years ago in AT&T v. Concepcion, which stated courts must “place arbitration agreements on an equal footing with other contracts."

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In a September 15, 2021 post, I described the decision by the Academy of Court-Appointed Master (ACAM) (1) to try to open up the special masters profession by inviting people who had not previously served as special masters to join our organization and to receive training, mentoring and professional standards; and (2) to partner with other organizations both public and private both to recruit diverse candidates to serve as special masters and to

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Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, has written “Ordering Online Arbitration in the Age of Covid … and Beyond,” University of Missouri School of Law Legal Studies Research Paper No. 2021-21. 

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Oladeji Tiamiyu, Clinical Fellow at Harvard Law School and Host of Convergence, a podcast exploring the intersection of technology and dispute resolution, has published an interesting article titled, “The Impending Battle for the Soul of ODR: Evolving Technologies and Ethical Factors Influencing the Field,” 23. Cardozo J. Conflict Resol. 21 (forthcoming). 

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The Supreme Court of the United States has declined to consider whether to send a putative class action employment lawsuit that was filed against food and delivery app DoorDash to arbitration.

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On Friday, November 5, 2021, Fernando Navarro and Disputing blog’s own Karl Bayer will be moderating the International Academy of Mediators' (IAM) "Mediation 2021: Where Do We Go from Here? – The Americas" symposium. 

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The problem with chickens and eggs isn’t which one comes first.  It’s that that neither comes at all. 

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Jean R. Sternlight, Founding Director of the Saltman Center for Conflict Resolution and Michael and Sonja Saltman Professor of Law at the University of Nevada, Las Vegas William S. Boyd School of Law, and Jennifer K. Robbennolt, Associate Dean for Research, Alice Curtis Campbell Professor of Law, Professor of Psychology, and Co-Director at the Illinois Program on Law, Behavior and Social Science at the University of Illinois, have published “High

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Kristen Blankley, Professor of Law at the University of Nebraska College of Law, Ashley M. Votruba, Assistant Professor at the University of Nebraska-Lincoln, Logen Bartz, Graduate Student at the University of Nebraska-Lincoln, and Lisa PytlikZillig, Research Associate Professor at the University of Nebraska Public Policy Center, have published “ADR is Not a Household Term: Considering the Ethical and Practical Consequences of the Public's Lack o

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