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Arran Heal

Why Mediation Should be Part of Health and Wellness

(11/15/19)Arran Heal

By the time workplace disputes have reached the attention of Employee Relations, mediation starts to look like a last chance saloon for informal resolution.

Jamie Costello

Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business

(11/15/19)Jamie Costello

As a business owner, it’s extremely important to familiarize yourself with dispute resolution and the processes you need to take depending on the severity of a case.

Ronald S. Kraybill

Worry About Hornets

(11/08/19)Ronald S. Kraybill

On September 11, 2019, President Trump warned about what America would do if attacked again.

Ninth Circuit, Overturning an Award, Backs More Arbitrator Disclosure

(11/04/19)Daniel Bornstein

The Ninth U.S. Court of Appeals ruled this week that arbitrators are required to disclose their ownership interests in the organizations they are affiliated with and the organizations’ business dealings with the arbitration parties.

Beth Graham

Mediators in Arbitration

(10/25/19)Beth Graham

In her book chapter, Professor Nolan-Haley examines the role of mediation in today’s transnational dispute system with a special focus on the convergence of arbitration and mediation.

New California Law Prohibits Pre-Dispute Employment Arbitration Agreements

(10/18/19)Andrew Garcia

California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.

F. Peter Phillips

Arbitration in India

(9/17/19)F. Peter Phillips

In this research paper I will analyze and comment on India’s arbitration and jurisprudence from pre-colonization to post-colonization in 1947. In Part I, I will briefly discuss the goal and purpose of arbitration, for those who are unfamiliar with them, and I will delve into the history of India’s arbitration, including the major legislative acts and arbitration institutions.

Bruce Edwards

A Dent in the Universe

(9/16/19)Bruce Edwards

What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?

Beth Graham

Bargaining in the (Murky) Shadow of Arbitration

(8/30/19)Beth Graham

In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.

Mark Kantor

Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”

(8/16/19)Mark Kantor

You may recall that the US Supreme Court last term in Henry Schein, Inc. v. Archer and White Sales, Inc. rejected a “wholly groundless” exception to its general principles allocating arbitrability issues between court and arbitrator.

F. Peter Phillips

New Swiss Rules of Mediation

(8/09/19)F. Peter Phillips

The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.

Beth Graham

CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements

(8/09/19)Beth Graham

Nursing homes are now able to have protection and a clear plan with arbitration agreements.

F. Peter Phillips

“Infinite” Arbitration Clauses

(7/12/19)F. Peter Phillips

The obligation to arbitrate survives the termination of your services and is indefinite.

Beth Graham

SCOTX Grants Petition For Review Over Local Government Arbitration Question

(7/12/19)Beth Graham

On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.

Mark Kantor

US Sup Ct Grants Review to Decide Whether New York Convention Permits Non-Signatory to Compel International Arbitration on Equitable Estoppel Grounds

(6/28/19)Mark Kantor

The dispute addresses whether, under the New York Convention, a non-signatory can compel arbitration.

Beth Graham

Federal Court Sends Data Privacy Dispute to Arbitration

(3/01/19)Beth Graham

This article when the court stated an unconscionability claim failed because the arbitration requirement was made clear to readers of the subscriber agreement.

Greg Rooney

How Can We Sell The Mediation Product If We Haven’t Worked Out What It Is?

(2/22/19)Greg Rooney

I wish to add to Michael Leathes’ recent post on his suggestion that more field-based research be done into the mediation product and Rick Weiler’s follow-up.

Phyllis Pollack

The NFL’s Moral Disengagement

(2/05/19)Phyllis Pollack

There are approximately eight different ways to morally disengage, and I examine how this related to the NFL.

Jeffrey Benz

A Glimpse into the Future of Alternative Dispute Resolution in China

(1/25/19)Jeffrey Benz

ADR is growing, with more than 300 providers doing business in China and arbitration being regularly used.

F. Peter Phillips

Another Wrong Arbitration Decision in New Jersey

(10/26/18)F. Peter Phillips

It’s not often that an excellent court simply misconstrues — or worse ignores — relevant state statutes and superseding federal law.

Michael Heller

Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?

(10/13/18)Michael Heller

The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.

Phyllis Pollack

Too Many Cooks in the Kitchen!

(10/05/18)Phyllis Pollack

I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.

John Lande

What Do Litigants Really Want?

(9/06/18)John Lande

This discusses the article "Inside the Mind of the Client."

John Wade

Evaluative Mediation---Curriculum modules

(8/24/18)John Wade

This article discusses topics that often come up in Evaluative Mediation trainings: A selected number can be included in a course on evaluative mediation, and exercises used to assist “learning” of those topics.

Beth Graham

SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims

(7/02/18)Beth Graham

The high court's opinion will resolve a split among the Circuit Courts of Appeal regarding whether a court may decide the issue of arbitrability in situations where the arbitration claim is groundless.

Michael A. Zeytoonian

The Time for Dispute Resolution Alternatives (DRA) has come

(5/25/18)Michael A. Zeytoonian

There was a time, not long ago, when those who found themselves in a dispute had two basic choices: They could either file a lawsuit/initiate some formal complaint process or they could just walk away from the conflict and try to move on.

Ronald S. Kraybill

How to Lead with Less Anger

(4/27/18)Ronald S. Kraybill

Do you use an angry voice to communicate or give instructions when a firm, even voice would do the job just as well?

Eric Van Loon

Ten Tips Toward Client Arbitration Satisfaction

(4/06/18)Eric Van Loon

Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive.

F. Peter Phillips

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

(3/09/18)F. Peter Phillips

One of the issues before the Supreme Court right nowis particularly interesting.

Beth Graham

SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

(3/02/18)Beth Graham

The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.

Sabine Walsh

Educating the Dispute Resolvers of the Future

(2/09/18)Sabine Walsh

The ICC Mediation Competition in Paris, and the growing number of others like it, are contributing to a change in the way disputes are going to be resolved in the future.

Phyllis Pollack

I Like You!

(2/02/18)Phyllis Pollack

Lawsuits are products.

F. Peter Phillips

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

(1/05/18)F. Peter Phillips

This article discusses the decision holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.

Elena Gurevich

Roundup: Legislation with Mediation or Arbitration…Maybe for the future?

(11/17/17)Elena Gurevich

Several bills have been introduced in the U.S. House of Representatives and the Senate this year that touch upon arbitration or mediation.

F. Peter Phillips

Singapore: The Hub of International Commercial Dispute Resolution

(11/06/17)F. Peter Phillips

In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.

Beth Graham

Legal Battle Continues After Arbitrator Upholds Suspension of Dallas Cowboys Running Back

(10/23/17)Beth Graham

the NFL filed a motion to confirm the arbitrator’s decision in the Southern District of New York – the same court that upheld Tom Brady’s suspension following the so-called “Deflategate” controversy. 

F. Peter Phillips

Prevalence of Employment Arbitration is Measured

(10/13/17)F. Peter Phillips

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.

Eliane Fischer

“Costs Follow Conduct” – A Musical Altercation

(10/06/17)Eliane Fischer, Flavio Peter

When ABBA launched “The Winner Takes It All” in 1980, modern arbitration was still in its infancy.

Bernard Morrow

How Does Your Mediator Add Value?

(9/29/17)Bernard Morrow

Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.

Richard Posell

How ADR Can Help Keep Confidential Agreements Confidential

(9/08/17)Richard Posell

The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.

Shirli Kirschner

Accountability of ADR Practitioners

(9/01/17)Shirli Kirschner

Accountability of ADR practitioners is important to ensure the credibility and effectiveness of ADR processes.

Meriam Al-Rashid

Arbitration: Third Party Funding Developments in Asia

(9/01/17)Meriam Al-Rashid, Diora Ziyaeva

As practitioners and clients alike are well aware, international arbitration is not without its risks.

Beth Graham

Online Arbitration as a Remedy for Crowdfunding Fraud

(8/25/17)Beth Graham

In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.

Gracious Timothy

IBA-VIAC CDRC Vienna 2017 - Where Mediation and Negotiation Cross Borders

(8/21/17)Jenny Driver, Mirella Kreder, Gracious Timothy

Following two successful editions of the IBA-VIAC Consensual Dispute Resolution Com-petition in Vienna, Dispute Resolution literally went international again in its 3rd generation in July 2017.

Steven Platt

Litigation vs ADR – Different Strokes for Different Folks

(8/18/17)Steven Platt

This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.

Beth Graham

Misclassification in the Sharing Economy: It’s the Arbitration Agreements

(8/11/17)Beth Graham

Elizabeth Chika Tippett, Associate Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It’s the Arbitration Agreements.”

Michael A. Zeytoonian

If You Want Your “Day in Court”, Don’t Go to Court

(7/28/17)Michael A. Zeytoonian

“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.

Jen Reynolds

Where are we Going?

(6/16/17)Jen Reynolds

This article gives an excerpt from Tom Stipanowich's reflections on the mediation field.

Dan Simon

How Can the Presence of a Mediator INCREASE Party Self-determination?

(6/09/17)Dan Simon

When discussing different forms of conflict intervention, the various processes are sometimes listed in order of increasing party control.

F. Peter Phillips

Verdict in JAMS Lawsuit

(5/26/17)F. Peter Phillips

A few months ago we posted disconcerting news of a dissatisfied party to a California arbitration who, rather than seeking to vacate the award pursuant to state or federal arbitration statutes, sued the arbitrator and the service provider, alleging that the arbitrator’s qualifications had been misrepresented on the provider’s website.

Jan Frankel Schau

If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation

(5/22/17)Jan Frankel Schau

Studies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.

Sarah Cole

Nursing Homes May Continue to Use Arbitration Agreements

(5/22/17)Sarah Cole

In a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’ relatives that required all disputes involving the nursing home to arbitration.

Beth Graham

The Agreement to Arbitrate and the ‘Applicable Law’

(4/28/17)Beth Graham

Alan S. Rau, Mark G. and Judy G. Yudof Chair of Law at the University of Texas at Austin School of Law, has published “The Agreement to Arbitrate and the ‘Applicable Law’.”

Elaine Rushing

Best Practices for Managing Wills Between Family Members

(4/28/17)Elaine Rushing

An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.

Joe Markowitz

Compared to What?

(4/07/17)Joe Markowitz

In my sometimes over-simplified way of looking at negotiated agreements, I have argued that the most useful way to evaluate a potential deal is to compare it to alternatives that are actually available.

Patricia Thompson

Drafting Arbitration Clauses in Construction Contracts

(4/03/17)Patricia Thompson

Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts.

Zela Claiborne

Five Steps to Facilitate a Fair and Efficient Arbitration

(3/10/17)Zela Claiborne

Following are some tips to help even the most experienced counsel take advantage of one of arbitration’s best benefit: flexibility.

Beth Graham

Exploring the Interplay between Mediation, Evaluation, and Arbitration in Commercial Cases

(3/03/17)Beth Graham

As mediation and other settlement-oriented intervention strategies have come into broader use in commercial dispute resolution, different views have emerged regarding the nature and purpose of some of these processes as a result of both individual choice and cultural or systemic factors.

Phyllis Pollack

Alternative Facts

(2/24/17)Phyllis Pollack

After this political year, we ask: why will the publis only accept facts which support their current beliefs?

Beth Graham

SCOTX Refuses to Reconsider Patent Company’s Request to Vacate Arbitrator’s $3 Million Legal Fees Award

(1/27/17)Beth Graham

The Supreme Court of Texas has once again declined to consider a company’s request to vacate an arbitrator’s award in a legal fees dispute.

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