Karl Bayer's Disputing Blog

Online Dispute Resolution and New In-Person Locations

By Beth Graham - July 21, 2022

It’s no secret the last several years have accelerated trends in technology that have transformed the way business is done around the world.

SCOTUS to Consider Whether Arbitration Waiver Defense Prejudice Requirement Violates AT&T Mobility v. Concepcion Holding

By Beth Graham - December 13, 2021

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."

Ordering Online Arbitration in the Age of Covid … and Beyond

By Beth Graham - December 6, 2021

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.

The Impending Battle for the Soul of Online Dispute Resolution

By Beth Graham - October 26, 2021

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).

SCOTUS Will Not Review DoorDash Arbitration Claim in Case Brought By Driver

By Beth Graham - October 25, 2021

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.

The New Plan for the Academy of Court-Appointed Masters

By Merril Hirsh, FCIArb - September 15, 2021

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

High-Tech Dispute Resolution

By Beth Graham - September 7, 2021

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

ADR is Not a Household Term

By Beth Graham - July 27, 2021

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

NADN Publishes Member Survey on ODR

By Beth Graham - July 26, 2021

The National Academy of Distinguished Neutrals (“NADN”) recently conducted an online national survey of its members.

Standing On Its Own Shoulders: The Supreme Court’s Statutory Interpretation of the Federal Arbitration Act

By Beth Graham - May 24, 2021

Kristen Blankley, Professor of Law at the University of Nebraska College of Law, has written a terrific article titled, “Standing On Its Own Shoulders: The Supreme Court’s Statutory Interpretation of the Federal Arbitration Act,” Akron Law Review, Forthcoming.