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Finra Dispute Resolution Task Force Releases Its Final Report, With Support For Mediation And Live Hearings, Jill I. Gross
Finra Dispute Resolution Task Force Releases Its Final Report, With Support For Mediation And Live Hearings, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
This article briefly describes the task force’s formation; highlights its key recommendations (such as requiring mediation before arbitration of all claims—subject to party opt-out, and introducing a more affordable, live hearing option for small claims); analyzes in more detail a few more controversial suggestions (such as expressly banning class action waivers in customer agreements and increasing the use of explained awards), and critiques the task force’s inability to reach consensus on other hot-button issues, such as mandatory arbitration.
The Role Of Lawyers In Resolving Environmental Interest Disputes, John R. Nolon, Jessica A. Bacher
The Role Of Lawyers In Resolving Environmental Interest Disputes, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article explores the role of lawyers and the tools they can use in the resolution of environmental interest disputes. We draw on the decades-long work of ADR professionals in this area as well as the professional experience of attorneys and the skills they have honed in the context of “rights based” and “rights to process” disputes. By “environmental interest disputes” we include both emerging conflicts and current disputes among multiple parties over the use and abuse of land, air, water, surface, and subsurface resources whose resolution is unlikely to occur in traditional adjudicatory tribunals such as courts and administrative …
"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg
"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
My original answer to the question “Alternative to what?” was “the adversary system.” ADR held out the promise of a better way than the adversary system for handling at least some of the inevitable friction in society. I could not define “better” precisely, but it contained notions of faster, cheaper, less contentious, less aggravating, or more likely to leave the parties talking to each other when the process was over. My current answer to the question “Alternative to what?” is that ADR is not an alternative. Alternative Dispute Resolution courses have become Dispute Resolution. In this society, dispute resolution is …