To arbitrate or to not arbitrate—That is the questionBy Hon. Fred Foreman, (Ret.) & Kathleen A. EhrhartBench and Bar, June 2017If a party decides arbitration is its preferred method of dispute resolution there are also a number of things it should consider in terms of how it drafts and negotiates an arbitration provision in any contract it enters into.
U.S. Ninth Circuit rules on deceitful conduct by an arbitratorBy Ann NenoffAlternative Dispute Resolution, June 2017In the case Move Inc., v. Citigroup Global Markets, Inc., the Ninth Circuit Court of Appeals reversed a district court’s refusal to vacate an arbitration award for improper conduct by the arbitrator.
Case briefsBy Upasna Barath, Ann Nenoff, & Hubert ZanczakAlternative Dispute Resolution, April 2017Recent cases of interest to ADR practitioners.
HappeningsBy Upasna BarathAlternative Dispute Resolution, April 2017Events and updates from around the country.
NLRB general counsel issues memo following certiorari grantBy Ann NenoffAlternative Dispute Resolution, April 2017As a result of the Court’s recent grant of certiorari, the general counsel for the National Labor Relations Board released a memorandum to the agency’s regional offices about how the pending Murphy Oil case could impact similar pending cases at the NLRB.
Supreme Court to consider legality of arbitration agreements containing class action waivers under NLRABy John R. SchleppenbachAlternative Dispute Resolution, April 2017The United States Supreme Court appears poised to resolve a circuit split over whether workplace arbitration agreements containing class and collective action waivers are enforceable under the Federal Arbitration Act and the National Labor Relations Act, having granted certiorari in three consolidated cases in January 2017.
Case briefsAlternative Dispute Resolution, January 2017Recent decisions of interest to ADR practitioners.
Civil procedure – Arbitration, lack of documentationBy Ann NenoffAlternative Dispute Resolution, January 2017Without an adequate record to review the arbitrator’s findings and analyze his legal reasoning, the court must assume that the award conformed with the law.
HappeningsBy Upasna BarathAlternative Dispute Resolution, January 2017
Events and updates from around the country.
Successful mediation in complex environmental casesBy Suheily OrtizAlternative Dispute Resolution, January 2017Environmental disputes are the most difficult and complex to resolve through mediation. Here's what you need to know.
Tenth Circuit declines to compel arbitration due to conflicts in arbitration agreementsBy John R. SchleppenbachAlternative Dispute Resolution, January 2017The Tenth Circuit’s recent decision in Ragab v. Howard declined to enforce several arbitration agreements because the different procedures specified in the different clauses suggested there had been no meeting of the minds as to the desire to arbitrate.
Case briefsBy Ann Nenoff, Hubert Zanczak, Suheily Ortiz, & Upasna BarathAlternative Dispute Resolution, October 2016Recent cases of interest to ADR practitioners.
Celebrating ADRBy Sandra CrawfordAlternative Dispute Resolution, October 2016This year’s celebration of Mediation Week will take place between October 16th and 22nd.
Choice of ADR methodBy Robert E. Wells, Jr.Alternative Dispute Resolution, October 2016The following checklist was prepared by Robert E. Wells, Jr. and was included in his presentation – “Mediation and Alternative Dispute Resolution: An Alternative to Litigation” at the Elder Law Bootcamp presented in April, 2016.
Let’s talk about talking – Communication between the sexesBy Hubert ZanczakAlternative Dispute Resolution, October 2016Men and women utilize language for different purposes... how does this shape the outcome of mediation, where communication is so important?
Third-party discovery in arbitrationBy Hubert ZanczakAlternative Dispute Resolution, October 2016What do you do if a crucial third-party witness will not appear for a deposition without a court-order?
Case briefsBy Ann Nenoff, Hubert Zanczak, Adam Sehr, & Audrey Paige SauerAlternative Dispute Resolution, June 2016Recent cases of interest to ADR practitioners.
HappeningsBy Ann Nenoff, Hubert Zanczak, & Adam SehrAlternative Dispute Resolution, June 2016Events and updates from around the country.
Illinois foreclosure mediation program awaits approval in Macon CountyBy Ann NenoffAlternative Dispute Resolution, June 2016Several counties in Illinois have implemented mediation programs in an attempt to combat the ongoing home foreclosure crisis. Macon County hopes to be the next county to implement this program, but is awaiting approval from the Illinois Supreme Court.
Impediments to fairnessBy Robert WellsAlternative Dispute Resolution, June 2016Readers: Your experience, and those of your clients, warrant your participation in the discussion and a determination of what may be needed to ensure the system is equitable and just.
Taking on mandatory arbitration at for-profits and its effectsBy Hubert ZanczakAlternative Dispute Resolution, June 2016Currently, most for-profit higher education institutions require students to sign an arbitration agreement as a condition of enrollment. The weights of justice are tilted toward the institutions from the start by forcing students to give up their rights to litigation and rather to concede to arbitration of their claims.