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Article | The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration
By Victoria VanBuren - September 7, 2011
We invite you to check out Professor Thomas J. Stipanowich latest article, “The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration,” American Review of International Arbitration (forthcoming). Here is the abstract: For the third time in the modern era, a triad of key Supreme Court decisions represents a milestone in American arbitration. In this highly controversial “Third Arbitration Trilog
DRI Article: The FAA vs. the U.S. Bankruptcy Code?
By Victoria VanBuren - September 2, 2011
We came across an interesting article regarding the intersection of arbitration and bankruptcy published by the Defense Research Institute (“DRI”). The piece is entitled Which Federal Law Takes Precedence? The FAA vs. the U.S. Bankruptcy Code? written by John L. McCants. Here is an excerpt: In a construction law practice, a lawyer will have cases involving both the Bankruptcy Code, 11 U.S.C. 1 et seq. (FAA). This article addresses whi
ABA Article: Does a Federal Arbitration Privilege Apply in Arbitration Proceedings?
By Victoria VanBuren - August 26, 2011
The ABA Section of Litigation published recently Does a Federal Arbitration Privilege Apply in Arbitration Proceedings? The article, written by P.Jean Baker, discusses the federal mediation privilege as well as the federal arbitration privilege. Here is an excerpt: The federal courts are now debating whether a federal evidentiary privilege applies to documents used in arbitration proceedings. This article will discuss this recent development, the
Texas Tech Law Review Article | Alternative Dispute Resolution: Litigating Arbitration Slows as Mediation Becomes More Popular
By Victoria VanBuren - June 8, 2011
Our blog contributor Don Philbin has published his yearly survey of ADR case law in the Fifth Circuit. Here is part of the introduction: Alternative Dispute Resolution as a whole is thriving. Civil jury trials continued at multi-decade lows, both absolutely and as a percentage of dispositions.1 And alternatives to those trials have become mainstream. But not all Alternative Dispute Resolution (ADR) is equal. As ADR users have become more sophisti
ABA Book | Lawyering with Planned Early Negotiations: How You Can Get Good Results for Clients and Make Money
By Victoria VanBuren - June 6, 2011
We came across an interesting new book on negotiations, Lawyering with Planned Early Negotiations: How You Can Get Good Results for Clients and Make Money, by John Lande, Professor and Director of the LLM Program in Dispute Resolution at the University of Missouri School of Law. Here is the book description: Whether you’re a solo practitioner or in a mid- to large-sized firm, you negotiate often in your career. This guide discusses how you
ABA Dispute Resolution Magazine | Judicial Mediation and Settlement
By Victoria VanBuren - May 11, 2011
The Winter 2011 edition of the ABA Dispute Resolution Magazine is out! Here is the table of contents: Judges and Settlement: So Little Regulation With So Much at Stake, By John C. Cratsley The Judicially Hosted Settlement Conference—My Case in the Balance: Musings of a Trial Attorney, By Gregory D. Brown Think I Blew It, By Kristena A. LaMar Is a Robe Ever Enough? Judicial Authority and Mediation Skill on Appeal, By Claudia L. Bernard Judge Settl
Article | An Empirical Analysis of Collaborative Practice
By Beth Graham - April 27, 2011
John Lande, Director of the LLM Program in Dispute Resolution and Isidor Loeb Professor at the University of Missouri School of Law, recently published An Empirical Analysis of Collaborative Practice, Family Court Review, Vol. 49, pp. 257-281, April 2011; University of Missouri School of Law Legal Studies Research Paper No. 2011-10. In his article, Professor Lande summarizes empirical studies conducted to date on collaborative practice. The publi
Law Review Article | Regulating Mandatory Arbitration
By Beth Graham - April 15, 2011
A new paper entitled Regulating Mandatory Arbitration, is available from Thomas Burch, Assistant Visiting Professor in Law at the Florida State University College of Law. (Utah Law Review, 2011; FSU College of Law, Public Law Research Paper No. 493.) In his paper, Professor Burch examines mandatory arbitration jurisprudence and reform efforts over the past twenty-five years. Here is the abstract: Over the last twenty-five years, the Supreme Court
Law Review Article | Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case
By Beth Graham - April 11, 2011
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law recently authored and interesting and useful article entitled Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case, Baylor Law Review, Forthcoming. In her article, Professor Blankley examines the process of med-arb from a confidentiality and privilege standpoint. Here is the abstract: As th
Law Review Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles
By Beth Graham - March 31, 2011
S.I Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen and First Principles, Harvard Negotiation Law Review, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2011-07. In the article, Professor Strong discusses how class arbitration diffe
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