Mediator Paul Fisher's Article Describing Varieties of Mediation Is Available On-Line. A classic summary of "Creative Mediation Options" (August 2000) authored by California mediator Paul Fisher is available on-line at this link. Paul Fisher describes, and summarizes advantages and disadvantages of: baseball mediation, golf mediation, pocket golf mediation, binding mediation [perhaps an oxymoron], […]
Marc's Review of Jeffrey Rosen's American Prophet: Louis D. Brandeis, Has Been Published in California Litigation. With the permission of California Litigation, the journal of the litigation section of the California Lawyers Association, Marc's review of Jeffrey Rosen's book about Justice Louis D. Brandeis and his thought is made available here.
Most Of The Top Companies Have Arbitration Clauses, And More Than Half Have Class Action Waivers. Prof. Imre Szalai, Judge John D. Wessel Distinguished Professor of Social Justice, Loyola University New Orleans College of Law, has published an article entitled "The Widespread Use of Workplace Arbitration Among America's Top 100 Companies." […]
Emptying The Courtrooms . . . The January 27, 2018 edition of The Economist has two short articles critical of arbitration in the US: "Shut out by the small print" (p. 10) and "Kept out of the courthouse" (p. 61). The articles are somewhat duplicative — here are a few of the highlights: In […]
Your Blogger Has Authored A Review Of Ari Berman's Book About The Voting Rights Act Of 1965. I've written a review of Ari Berman's book, "Give Us The Ballot." The review, which appears in the latest issue of California Litigation, The Journal of the California State Bar, is republished here, with the permission […]
Mediator Dennis S. Klein Makes Case For Creating A Mediation Department In Your Law Firm. In a November 14, 2017 article available through Law360 and LexisNexis, Dennis S. Klein, owner of Miami-based ADR firm Critical Matter Mediation, advocates "The Case For Creating A Mediation Department At Your Law Firm." Mr. Klein […]
Frontier Justice: An Alternative Form Of Dispute Resolution. I just finished reading Glenn Frankel's "HIGH NOON: The Hollywood Blacklist and the Making of an American Classic" (Bloomsbury 2017), an enjoyable, very readable and scholarly book about the making of the iconic Western and the scoundrel times of the Hollywood Blacklist, with portraits of those […]
There Is A Connection To ADR . . . My review of Professor Catherine L. Fisk’s excellent new book, Writing for Hire: Unions, Hollywood and Madison Avenue (Harvard University Press 2016) appears in the latest volume of California Litigation: The Journal of the Litigation Section, State Bar of California (vol. 30, no. 1 2017), p. […]
Recommended Reading: Two Articles By Rebecca J. Callahan In The Orange County Lawyer Provide Helpful Tips For Drafting Arbitration Clauses. Mediator and arbitrator Rebecca J. Callahan is the author of two very clear and concise articles about drafting arbitration clauses. “Arbitration Clauses: Hot Questions and Cool Answers”, which appeared in Orange County Lawyer, February 2017 […]
A Variety Of Articles Discuss Mediation And Arbitration In March 20, 2017 Special Report. A March 20, 2016 Special Report of The New York Law Journal covers diverse topics including collaborative divorce, a proposed New York rule that might make arbitration “truly confidential”, diversity in ADR, solving interpersonal problems in mediation, preparing for successful mediation, […]