The Supreme Court granted cert Friday in an employment arbitration case addressing whether the arbitrator or the court should determine the enforceability of an arbitration clause. The outcome could do mischief to the FAA and to Supreme Court precedent. Once again there is reason to lament the harm that the practice of employment arbitration is wreaking upon commercial arbitration principles. Read more »
Victoria Pynchon’s Settle It Now blog is on my daily list, and a recent post brought to our attention an interesting study on whether, by certain objective standards, attorneys get in the way of mediators’ work. Read more »
I gave my first class in the ADR Survey course at New York Law School last night, and when presenting the “ADR Continuum” it struck me anew — why do so many experts in commercial dispute management urge early identification and management of conflict within enterprises, and yet so few enterprise managers invest sufficient resources to accomplish that goal, and continue to waste money in legal spend? Read more »
Christian Duve is a handsome, very bright, very perceptive attorney mediator practicing with Freshfields Bruckhaus Deringer in Frankfurt, Germany. I have known and admired him for many years and recently learned a lot (once again) listening to a conversation he held with GE’s Michael McIlwrath on negotiation techniques. Read more »