Case summariesBy Julia Kucan, Jillian Ruggiero, & Alyssa VincentAlternative Dispute Resolution, December 2008Recent cases of interest to ADR practitioners.
Don’t try to settle that caseBy Jon GilbertAlternative Dispute Resolution, December 2008Lawyers engaged in discussions and exchanging correspondence in furtherance of settling a commercial dispute usually assume that they operate within the refuge of Federal Rule of Evidence 408 if something is written or said that shouldn’t have been:
Evaluating the ethics of ADR programsBy Kurt KamrathFamily Law, December 2008The practice of alternative dispute resolution (ADR) is rife with ethical dilemmas. It does not take much time in the field before a practitioner will find a conflict between two central aspects of ADR.
HappeningsBy Alyssa VincentAlternative Dispute Resolution, December 2008Recent updates of interest to ADR practitioners.
SEC approves revised FINRA rule on post-arbitration submissionsBy Julia KucanAlternative Dispute Resolution, December 2008Under a new rule approved by the Securities and Exchange Commission (SEC), parties can submit additional information or documents after arbitration is closed under strict circumstances.
Case summariesBy Julia Kucan, Jillian Ruggiero, & Alyssa VincentAlternative Dispute Resolution, October 2008In Washington, the Supreme Court recently ruled four provisions in the AT&T customer service agreement were unconscionable provisions that permeated the arbitration agreement, that the entire arbitration agreement was unenforceable and needed to be severed from the original agreement.
HappeningsBy Jillian RuggieroAlternative Dispute Resolution, October 2008Recent updates of interest to ADR practitioners.
Support mediators Who are candidates for political officeAlternative Dispute Resolution, October 2008The EMPO Project is concerned about excessive partisanship and polarization in politics and government and was established to support the election of mediators and others who publicly advocate interest-based dispute resolution on their campaign Web sites.
U.S. Supreme Court holds parties may not contract for expanded judicial review of arbitration awardsBy Lawrence S. SchanerAlternative Dispute Resolution, October 2008In a much-anticipated decision, the U.S. Supreme Court held, on March 25, that parties may not by contract agree to expand the grounds for judicial review of arbitration awards beyond the limited grounds set forth in Sections 10 and 11 of the Federal Arbitration Act (“FAA”).
Arbitration reform pending in the House and SenateBy Kurt KamrathAlternative Dispute Resolution, June 2008A recent study by Michael LeRoy, a labor and employment law scholar at the University of Illinois College of Law, has shown a great hostility from state courts towards arbitration awards in favor of employees.
Case summariesBy Ashley Crettol & Kurt KamrathAlternative Dispute Resolution, June 2008The First Circuit found that under a partnership agreement that includes an arbitration clause, a corporation cannot avoid arbitration by naming as defendants two non-signatories to the agreement.
Evaluating the ethics of ADR programsBy Kurt KamrathAlternative Dispute Resolution, June 2008The practice of alternative dispute resolution (ADR) is rife with ethical dilemmas. It does not take much time in the field before a practitioner will find a conflict between two central aspects of ADR.
HappeningsBy Kurt Kamrath & Ashley CrettolAlternative Dispute Resolution, June 2008Florida recently passed a bill that requires parties in homeowner’s association disputes to attempt mediation or arbitration prior to filing suit.
CasesBy Kurt KamrathAlternative Dispute Resolution, May 2008In a six to three decision, the Supreme Court refused to expand the grounds for court review of an arbitration award.
Chicago hosts major international arbitration eventBy Christopher R. MinelliInternational and Immigration Law, May 2008The International Centre for Dispute Resolution is bringing together arbitration experts to discuss timely issues at a major conference to be held in Chicago April 24-25, at the InterContinental Hotel.
HappeningsBy Ashley CrettolAlternative Dispute Resolution, May 2008An amendment to the Financial Industry Regulatory Authority (FINRA) arbitration rules was approved by the Securities and Exchange Commission.
Working towards more successful environmental mediation (pt. 2)By Kurt KamrathAlternative Dispute Resolution, May 2008In the initial part of this article, issues arising from the construction of an effective mediation process were explored in regards to environmental conflicts.
Case summariesBy Ashley CrettolAlternative Dispute Resolution, April 2008The dispute between Preston and Ferrer, who were disagreeing over whether the California Talent Agency Act (CTAA) or the Federal Arbitration Act (FAA) had initial jurisdiction over concerns with their contract, was decided on February 20, 2008.
“Gross errors of law” under the Arbitration ActBy Jon GilbertAlternative Dispute Resolution, April 2008The Seventh Circuit’s recent decision in Edstrom Industries, Inc., v. Companion Life Insurance(No. 06 C 964)( February 11, 2008) suggests that ADR practitioners take a close look at vacating awards based on “gross errors of law”, a legal argument which now appears to be a moving target. First, some background.
HappeningsBy Kurt KamrathAlternative Dispute Resolution, April 2008Recent developments in alternative dispute resolution.
Mediation limits / opportunitiesBy Robert E. Wells, Jr.Alternative Dispute Resolution, April 2008Lack of injunctive relief and limitation on discovery are two perceived “weaknesses” of mediation. However, a closer examination reveals that perceptions may not be reality.
ADR happeningsBy Ashley CrettolAlternative Dispute Resolution, February 2008Recent developments in ADR.
The art of picking an arbitratorBy Charles B. LewisAlternative Dispute Resolution, February 2008In medieval times, it was felt that one could assess the character and temperament of an individual by reference to the four humors.
CasesBy Kurt KamrathAlternative Dispute Resolution, February 2008Otay River Constructor (Otay) filed two motions to compel arbitration. Otay had multiple agreements with San Diego Expressway (Expressway).
Case summariesBy Ashley CrettolAlternative Dispute Resolution, January 2008Local 15 objected to a new system implemented by Exelon Corporation, which, during an emergency, would summon those employees who were not already at work.
Current developments in mediationBy Thomas D. CavenaghAlternative Dispute Resolution, January 2008Use of mediation in a wide variety of contexts is expanding rapidly across the country … and abroad.
