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Building Trust in E-commerce Through Online Dispute Resolution
December 10, 2015
Amy Schmitz, Professor of Law at the University of Colorado Law School has published “Building Trust in E-commerce Through Online Dispute Resolution,” John A. Rothchild (ed.), Research Handbook on Electronic Commerce Law, Edward Elgar, 2016, Forthcoming; U of Colorado Law Legal Studies Research Paper No. 15-15. In her book chapter, Professor Schmitz analyzes online dispute resolution in the context of both international and domestic business-to-consumer transactions. Here is the abstract: E-commerce...
December 10, 2015
Amy Schmitz, Professor of Law at the University of Colorado Law School has published “Building Trust in E-commerce Through Online Dispute Resolution,” John A. Rothchild (ed.), Research Handbook on Electronic Commerce Law, Edward Elgar, 2016, Forthcoming; U of Colorado Law Legal Studies Research Paper No. 15-15. In her book chapter, Professor Schmitz analyzes online dispute resolution in the context of both international and domestic business-to-consumer transactions. Here is the abstract: E-commerce...
Technological Advances Help to Resolve Disputes
December 10, 2015
Today’s lawyers are harnessing these innovations and many others to improve the delivery of legal services. Is there a place...
December 10, 2015
Today’s lawyers are harnessing these innovations and many others to improve the delivery of legal services. Is there a place...
Straus Conference on Business, Conflict around Globe Receives Rave Reviews
December 9, 2015
"Probably the most uniformly excellent cast of speakers we have ever had." –Thomas Stipanowich, Academic Director of the Straus...
December 9, 2015
"Probably the most uniformly excellent cast of speakers we have ever had." –Thomas Stipanowich, Academic Director of the Straus...
Negotiating with the Dangerous and Highly Unstable
December 9, 2015
Last week Jackie Nolan-Haley told us of Fordham’s program on Negotiating with the Dangerous, which was headlined by our very own leader Andrea. And just yesterday an article of another sort of dangerous negotiation crossed my desk – negotiating with toddlers. And you best be careful. Why? The piece’s conclusion: having a toddler is like engaging in ongoing hostage negotiations with a highly unstable person. In my house, we’re ground zero for these kinds of negotiations with our toddler and our non-toddler...
December 9, 2015
Last week Jackie Nolan-Haley told us of Fordham’s program on Negotiating with the Dangerous, which was headlined by our very own leader Andrea. And just yesterday an article of another sort of dangerous negotiation crossed my desk – negotiating with toddlers. And you best be careful. Why? The piece’s conclusion: having a toddler is like engaging in ongoing hostage negotiations with a highly unstable person. In my house, we’re ground zero for these kinds of negotiations with our toddler and our non-toddler...
Rude Behavior Spreads Like a Disease
December 9, 2015
New research by Trevor Foulk, Andrew Woolum, and Amir Erez at the University of Florida takes that same first step in identifying a different kind of contagious menace: rudeness. In a series of studies, Foulk and colleagues demonstrate that being the target of rude behavior, or even simply witnessing rude behavior, induces rudeness. People exposed to rude behavior tend to have concepts associated with rudeness activated in their minds, and consequently may interpret ambiguous but benign behaviors...
December 9, 2015
New research by Trevor Foulk, Andrew Woolum, and Amir Erez at the University of Florida takes that same first step in identifying a different kind of contagious menace: rudeness. In a series of studies, Foulk and colleagues demonstrate that being the target of rude behavior, or even simply witnessing rude behavior, induces rudeness. People exposed to rude behavior tend to have concepts associated with rudeness activated in their minds, and consequently may interpret ambiguous but benign behaviors...
Federal Arbitration Case Update
December 8, 2015
Arbitrator Has Authority to Rule on Whether He Can Change His Mind United Brotherhood of Carpenters and Joiners v. Tappan Zee Constructors When the general contractor for the rebuilding of the Tappan Zee Bridge gave a portion of the job to the carpenters (at $70/hr.) rather than the dock builders (at $94/hr.), a jurisdictional dispute arose between two unions. The two unions agreed that the dock builders would get the work, but the GC disagreed and brought the case to arbitration pursuant to the plan...
December 8, 2015
Arbitrator Has Authority to Rule on Whether He Can Change His Mind United Brotherhood of Carpenters and Joiners v. Tappan Zee Constructors When the general contractor for the rebuilding of the Tappan Zee Bridge gave a portion of the job to the carpenters (at $70/hr.) rather than the dock builders (at $94/hr.), a jurisdictional dispute arose between two unions. The two unions agreed that the dock builders would get the work, but the GC disagreed and brought the case to arbitration pursuant to the plan...
Mediators Find More Tools Through Neuroscience
December 8, 2015
Mediators and other practitioners of alternative dispute resolution are using information gleaned from the research of world-class neuroscientists to calm emotions and help mediations resolve more easily. With the advent of functional magnetic resonance imaging and the growing interest in brain mapping, neuroscientists and those trained by them are teaching thousands of mediators how to ease clients through a conflict-ridden process. While the layperson may believe we make decisions with our rational...
December 8, 2015
Mediators and other practitioners of alternative dispute resolution are using information gleaned from the research of world-class neuroscientists to calm emotions and help mediations resolve more easily. With the advent of functional magnetic resonance imaging and the growing interest in brain mapping, neuroscientists and those trained by them are teaching thousands of mediators how to ease clients through a conflict-ridden process. While the layperson may believe we make decisions with our rational...
NJ Mulls Arbitration for Disputes Over Out-of-Network Costs
December 8, 2015
New Jersey lawmakers are considering legislation that would establish an arbitration framework to settle disputes between...
December 8, 2015
New Jersey lawmakers are considering legislation that would establish an arbitration framework to settle disputes between...
The Business of ADR is Changing
December 7, 2015
Those of us who have been in Alternative Dispute Resolution (ADR) for the past 25 years have seen it grow from an industry in modest infancy to thriving adulthood. In the beginning, we grappled with a business model of franchisor or franchisee. Mediators were challenged by potential conflicts of interest and were constantly in danger of being labeled as anything other than “neutral,” based on our law firm affiliations. In the 1990s, some ADR practices, mine included, made the leap to our own mediation...
December 7, 2015
Those of us who have been in Alternative Dispute Resolution (ADR) for the past 25 years have seen it grow from an industry in modest infancy to thriving adulthood. In the beginning, we grappled with a business model of franchisor or franchisee. Mediators were challenged by potential conflicts of interest and were constantly in danger of being labeled as anything other than “neutral,” based on our law firm affiliations. In the 1990s, some ADR practices, mine included, made the leap to our own mediation...
Silence In An Arbitration Clause Is Not Golden
December 7, 2015
Corporate counsel have traditionally favored arbitration clauses in consumer and employee contracts. This preference is largely based on the perception that an arbitration clause precludes the dreaded class action. Unfortunately, unless your agreement specifically states that class actions are not permitted, that perception may be wrong. Many courts have held that arbitration clauses that are silent on class actions—but which incorporate the American Arbitration Association rules—will permit...
December 7, 2015
Corporate counsel have traditionally favored arbitration clauses in consumer and employee contracts. This preference is largely based on the perception that an arbitration clause precludes the dreaded class action. Unfortunately, unless your agreement specifically states that class actions are not permitted, that perception may be wrong. Many courts have held that arbitration clauses that are silent on class actions—but which incorporate the American Arbitration Association rules—will permit...
