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Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Book Chapters
This chapter focuses on the use of mandatory pre-dispute arbitration clauses in a subset of consumer contracts – those involving consumer finance and investor products and services. Arbitration clauses are pervasive in financial contracts – for credit cards, bank accounts, auto loans, broker-dealer services, and many others. In the wake of the recent financial crisis, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). Dodd-Frank authorises the new Consumer Financial Protection Bureau (CFPB) and the Securities and Exchange Commission (SEC) to prohibit or condition the use of arbitration clauses in consumer finance and investment contracts, …
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Articles
Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts—for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These clauses often ill serve households. Consumers are typically presented with contracts on a “take it or leave it” basis, with no ability to negotiate over terms. Arbitration provisions are often not clearly disclosed, and in any event are not salient for consumers, who do not focus on the importance of the provision in the event that a dispute over the contract later arises, and who may misforecast the likelihood of being in such a dispute. The …
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
Articles
Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …
Alternative Dispute Resolution Mechanisms: Experience In The United States, Whitmore Gray
Alternative Dispute Resolution Mechanisms: Experience In The United States, Whitmore Gray
Other Publications
The objective of this portion of our conference on judicial reform is to discuss means to promote swift and fair resolution of disputes. Although much of our discussion will center on reform of basic court systems and civil procedure in various countries, my particular focus is on alternatives to traditional institutions and techniques. These alternatives include a variety of what we might call "courtannexed" procedures, that is, procedures that occur during the course of traditional litigation. I will also consider, however, other procedures that might better be characterized as purely "private" techniques for resolving disputes—those that occur before or at …
The Pros And Cons Of Getting To Yes, James J. White
The Pros And Cons Of Getting To Yes, James J. White
Reviews
Getting to YES is a puzzling book. On the one hand it offers a forceful and persuasive criticism of much traditional negotiating behavior. It suggests a variety of negotiating techniques that are both clever and likely to facilitate effective negotiation. On the other hand, the authors seem to deny the existence of a significant part of the negotiation process, and to oversimplify or explain away many of the most troublesome problems inherent in the art and practice of negotiation. The book is frequently naive, occasionally self-righteous, but often helpful.
Drafting The Arbitration Clause, Whitmore Gray
Drafting The Arbitration Clause, Whitmore Gray
Book Chapters
Providing in the contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense this is what he or she is doing in general in contract drafting--anticipating misunderstandings or problems which experience indicates are likely to arise, and trying to provide clear answers in advance. When it comes to drafting a specific clause for the resolution of further disputes which may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on or draw the other …
Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White
Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White
Articles
Upon the enactment of the Model Rules of Professional Conduct, published ethical norms will for the first time give explicit consideration to the lawyer's behavior in the process of negotiation. Rules 4.1, 4.2, and 4.3 deal with negotiation. Although the Canons, the interpretations of the Canons, and the Disciplinary Rules and Ethical Considerations gave tangential consideration to negotiating, 1 none of the Disciplinary Rules or Ethical Considerations explicitly considered negotiation apart from the process of litigation or counseling. The mere recognition of negotiation as a separate process worthy of unique rules is a large step. The purpose of this paper …
The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White
The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White
Articles
In the fall of 1965 we enlisted experience as a teacher in an experimental seminar called "The Lawyer as a Negotiator." We gave the students experience not by simulation but by making them negotiate with one another for their grades in the course. In this as in many other "experience" courses the teaching supplement consisted of readings and of classroom participation by the students and teachers. However the supplement differed from the standard trials and appeals or legal writing course in that a psychiatrist was a full partner in the teaching and in the discussion and analysis of the student …
Review Of Better Settlements -- Through Leverage, By P. J. Hermann. , James J. White
Review Of Better Settlements -- Through Leverage, By P. J. Hermann. , James J. White
Reviews
Who ever learned to negotiate from a book? Probably no one, and one who seeks the kernel of wisdom which will make him an expert negotiator, who seeks the password for admittance to the negotiator's sanctum sanctorum-that person will hunt in vain through the pages of Mr. Hermann's book. I do not mean to suggest either that Mr. Hermann has withheld something in his power to reveal or that he has explicitly promised such a revelation. Rather, I suggest a flaw either in our perception and analysis or in our verbal skills. One of them, probably our perception and analysis, …
A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster
A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster
Articles
In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,000 was raised at this meeting of merchants and ship owners to fight the movement for …