Business Conflict Blog

A law school professor once opened a class with the observation, “This morning we will be considering a case from the Ninth Circuit.  Nevertheless….” 

The U.S. Supreme Court has granted cert in AT&T Mobility v. Concepcion, which has claimed the attention of many ADR wonks for its ramifications on class action waivers in arbitration clauses.  I read a more alarming teaching in the Ninth Circuit’s holding:  namely, that the purpose of a civil court is not to make deserving claimants whole, but to punish defendants that owe them the money beyond the amount of the money they owe them. 

That is to say, offering to pay a claimant a hundred cents on the dollar is not justice enough. 

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Tags: Arbitration, Courts, Public Policy

On Saturday of the ABA Annual Meeting a group of judges presented a panel on “ADR in the Business Courts: How Commercial Judges Encourage Settlement.”  Joining Vice Chancellor Don Parsons (Delaware), Judge Steven Platt (Maryland), Judge Ira Warshawsky (New York) and Judge Ben Tennille (North Carolina) were Bankruptcy Judge Elizabeth Stong (Eastern District of New York) and New Jersey attorney Robert Margulies, who was instrumental in framing the presumptive mediation program for the state courts of New Jersey. Read more »

Tags: ADR, Courts

In preparation for next week’s Annual Meeting of the American Bar Association, I have been delighted to get to know a group of judges who will be offering a program on Saturday afternoon, August 7, on the use of ADR in Business Courts.  One of them, Judge Steven I Platt of Maryland, maintains an interesting blog to which he has recently contributed a thoughtful article on the “why” of dispute resolution in business courts. Read more »

Tags: Add new tag, ADR, conflict management, Courts, Public Policy

Monday, July 12, is the cut-off date for Early Bird Registration for the ABA Annual Meeting in San Francisco.  I will be speaking on a panel on arbitration, with such luminaries as Mark Trachtenberg, Deborah Rothman and Rob Friedman, who argued Jackson v. Rent-a-Center before the Supreme Court.  (Honestly, sometimes I really am amazed at the clubs who will let in the likes of me!)

But a specially interesting panel is one that Lawrence D.W. Graves has assembled as Chair of the Dispute Resolution Committee of the Business Law Section: “ADR in Business Courts.”

The panel will be moderated by Chief Judge Ben Tennille of the North Carolina Business Court.  Speakers include Judge Steven I. Platt of Maryland; Judge Ira B. Warshawsky of the Commercial Division, New York Supreme Court; Robert E. Margulies, who designed the 15-year old Complementary Dispute Resolution program for the Superior Courts of the State of New Jersey; Judge Elizabeth Stong of the United Stated Bankruptcy Court for the Eastern District of New York; and Vice Chancellor Don Parsons of the Delaware Court of Chancery.

Listening to these ladies and gentlemen discuss the court’s interest in clearing its docket, and their own commitment to helping commercial parties to resolve their disputes, should be a rare and valuable opportunity.  Be there!

Tags: ADR, Public Policy