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Arbitration Clauses Prevent Consumers from Presenting Procedurally Difficult Claims
April 9, 2013
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer context has often focused on the wrong issue. Although we have now argued for almost twenty years over whether it is appropriate to require consumers to arbitrate rather than litigate claims against providers of products and services, too often commentators have asked whether consumers win or lose when they bring claims in arbitration, rather than whether consumers’ claims are suppressed or eliminated...
April 9, 2013
The longstanding debate over the benefits and detriments of mandatory arbitration in the consumer context has often focused on the wrong issue. Although we have now argued for almost twenty years over whether it is appropriate to require consumers to arbitrate rather than litigate claims against providers of products and services, too often commentators have asked whether consumers win or lose when they bring claims in arbitration, rather than whether consumers’ claims are suppressed or eliminated...
AT&T Mobility and the Future of Small Claims Arbitration
April 9, 2013
Like many other cellular service customers in 2002, Vincent and Liza Concepcion bought what they thought was a free cell phone, but were charged $30.22 in taxes; so they brought a class action against AT&T Mobility LLC (“AT&T”) to recoup those undisclosed fees. Because the Supreme Court upheld the class action waiver in the pre-dispute arbitration clause in the Concepcions’ cell phone contract, if they choose to go forward, they will have to bring their individual claim of $30.22...
April 9, 2013
Like many other cellular service customers in 2002, Vincent and Liza Concepcion bought what they thought was a free cell phone, but were charged $30.22 in taxes; so they brought a class action against AT&T Mobility LLC (“AT&T”) to recoup those undisclosed fees. Because the Supreme Court upheld the class action waiver in the pre-dispute arbitration clause in the Concepcions’ cell phone contract, if they choose to go forward, they will have to bring their individual claim of $30.22...
Preventing Bad Settlement Decisions and Impasse: Using Brain Science, Game Theory
April 8, 2013
The fact patterns of this course will be familiar to the experienced mediator and trial advocate in negotiation: difficult people, heightened emotions, overly confident case assessments, deeply held beliefs, and barriers to rational deals. We will explore the neuropsychology behind these defining characteristics and the mediator micro-interventions that can turn them from impasse ingredients to the seeds of a successful deal. We will explore modern brain science—not only as a way to explain...
April 8, 2013
The fact patterns of this course will be familiar to the experienced mediator and trial advocate in negotiation: difficult people, heightened emotions, overly confident case assessments, deeply held beliefs, and barriers to rational deals. We will explore the neuropsychology behind these defining characteristics and the mediator micro-interventions that can turn them from impasse ingredients to the seeds of a successful deal. We will explore modern brain science—not only as a way to explain...
Pepperdine’s Straus Institute for Dispute Resolution Ranked Number One Again
April 8, 2013
The Straus Institute for Dispute Resolution builds on its 26-year history and continues to top the U.S. News &...
April 8, 2013
The Straus Institute for Dispute Resolution builds on its 26-year history and continues to top the U.S. News &...
Take Harvard Law Survey On Online Arbitration for Consumer Disputes Today!
April 7, 2013
If you want to have an impact on the design of the first online arbitration platform designed specifically for consumer disputes,...
April 7, 2013
If you want to have an impact on the design of the first online arbitration platform designed specifically for consumer disputes,...
Texas Legislative Roundup April 3, 2013
April 7, 2013
The following bills relating to arbitration were introduced during the ongoing 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Please click on the bill number to read its text and on the status link to find the bill’s legislative history. Senate Bills: S.B. 1255 – “Relating to binding arbitration of an appraisal review board order determining a protest of an unequal appraisal of the owner’s property.” Bill status. SB 1691 –...
April 7, 2013
The following bills relating to arbitration were introduced during the ongoing 83rd Texas legislative session. The last day of the regular session will be Monday, May 27, 2013. Please click on the bill number to read its text and on the status link to find the bill’s legislative history. Senate Bills: S.B. 1255 – “Relating to binding arbitration of an appraisal review board order determining a protest of an unequal appraisal of the owner’s property.” Bill status. SB 1691 –...
Attorney’s Fee Provision for Failure to Mediate Not Triggered Without Mediation Request
April 5, 2013
The dispute resolution clause in a Maine real estate contract required use of mediation and provided for attorney’s fees if either party litigated and lost after refusing to go to mediation. However, when a dispute resulted in litigation and neither party sought mediation, the court concluded that the prevailing party was not entitled to attorney’s fees because there had been no refusal to mediate. Thompson v. Miles, No. 1:10-CV-00234 (U.S.D.C. D. Maine, January 8, 2013)
April 5, 2013
The dispute resolution clause in a Maine real estate contract required use of mediation and provided for attorney’s fees if either party litigated and lost after refusing to go to mediation. However, when a dispute resulted in litigation and neither party sought mediation, the court concluded that the prevailing party was not entitled to attorney’s fees because there had been no refusal to mediate. Thompson v. Miles, No. 1:10-CV-00234 (U.S.D.C. D. Maine, January 8, 2013)
US News Law School Dispute Resolution Program Rankings
April 1, 2013
Love ‘em or hate ‘em, the US News rankings came out today. Here’s the rankings of law school dispute resolution programs. Pepperdine Harvard Missouri Hamline Ohio State Yeshiva (Cardozo) Oregon Marquette UC Hastings Willamette UNLV
April 1, 2013
Love ‘em or hate ‘em, the US News rankings came out today. Here’s the rankings of law school dispute resolution programs. Pepperdine Harvard Missouri Hamline Ohio State Yeshiva (Cardozo) Oregon Marquette UC Hastings Willamette UNLV
Securities Class-Action Settlements at 14-Year Low
March 30, 2013
The number of securities class- action settlements fell to a 14-year low in 2012 while their average dollar value rose to an all-time high, a research study found. The 53 court-approved settlements reported last year represent a more than 45 percent decline from the 10-year average since 2002, and the average settlement increased to $54.7 million in 2012 from $21.6 million in 2011, Cornerstone Research concluded in a report released today. “Based on the volume of recent securities class...
March 30, 2013
The number of securities class- action settlements fell to a 14-year low in 2012 while their average dollar value rose to an all-time high, a research study found. The 53 court-approved settlements reported last year represent a more than 45 percent decline from the 10-year average since 2002, and the average settlement increased to $54.7 million in 2012 from $21.6 million in 2011, Cornerstone Research concluded in a report released today. “Based on the volume of recent securities class...
Landmark Survey Reveals Trends in Evolution of ADR
March 29, 2013
Disputing is pleased to announce a seven part series exploring the findings of Thomas Stipanowich and Ryan Lamare in their...
March 29, 2013
Disputing is pleased to announce a seven part series exploring the findings of Thomas Stipanowich and Ryan Lamare in their...
