Lawyers' Representation of Clients in Mediation: Using Economics and Psychology to Structure Advocacy in a Nonadversarial Setting

Published in cooperation with the American Bar Association Section of Dispute Resolutio

Carrie Menkel-Meadow: Leading Us Toward Justice and Peace

This Essay explores how Carrie Menkel-Meadow’s life and work have both highlighted the path of “And”—showing and explaining that it is not only possible but also desirable to seek justice as well as peace, to be both activist and neutral. Of course, tensions will remain. Regarding particular issues in specific moments we all must decide which path we can and should take. Which activism is best, and which goes too far? With whom can we or should we negotiate, and when should we instead say, “I can’t negotiate with this person or group”? When should we talk and listen, and when are we realistically beyond that possibility? These questions do not have simple answers, but Carrie’s life and work offer important insights

Disarming Employees: How American Employers Are Using Mandatory Arbitration to Deprive Workers of Legal Protection

Employers’ imposition of mandatory arbitration constricts employees’ access to justice. The twenty percent of the American workforce covered by mandatory arbitration clauses file just 2,000 arbitration claims annually, a minuscule number even compared to the small number of employees who litigate claims individually or as part of a class action. Exploring how mandatory arbitration prevents employees from enforcing their rights the Article shows employees covered by mandatory arbitration clauses (1) win far less frequently and far less money than employees who litigate; (2) have a harder time obtaining legal representation; (3) are often precluded from participating in class, collective or sometimes even group claims; and (4) do not fare well pro se in arbitration. Noting employers’ use of mandatory arbitration is likely increasing, the Article urges Congress to pass the Arbitration Fairness Act both to protect individual employees and also to ensure employment laws are enforced

Hurrah for the Consumer Financial Protection Bureau: Consumer Arbitration as a Poster Child for Regulation

Drawing on economic, psychological and philosophical considerations, this Essay considers whether consumers should be free to agree to contractually trade their opportunity to litigate in a class action for the opportunity to bring an arbitration claim against a company. The Essay suggests that by looking at the CFPB\u27s regulation through these three lenses, one sees that the regulation is desirable—even a poster child—for the potential value of regulation when market forces are not sufficient to protect individual or public interests

Carrie Menkel-Meadow: Leading Us toward Justice and Peace

This Essay explores how Carrie Menkel-Meadow\u27s life and work have both highlighted the path of And -showing and explaining that it is not only possible but also desirable to seek justice as well as peace, to be both activist and neutral. Of course, tensions will remain. Regarding particular issues in specific moments we all must decide which path we can and should take. Which activism is best, and which goes too far? With whom can we or should we negotiate, and when should we instead say, I can\u27t negotiate with this person or group ? When should we talk and listen, and when are we realistically beyond that possibility? These questions do not have simple answers, but Carrie\u27s life and work offer important insights

Introduction: Collaboration Good or Bad: How is it Working on the Colorado River?

This is an introduction to articles submitted as part of the Saltman Center for Conflict Resolution’s Symposium, Collaboration and the Colorado River. The Symposium focused on the uses of collaboration to resolve environmental and natural resource disputes pertaining to the Colorado River. This written version of the conference now builds upon the live event. We are most fortunate that many (unfortunately not all) of the speakers were able to contribute articles to comprise this written version of the Symposium. In their papers, presenters have expanded on their oral remarks and responded to points made by others during the conference