Publications

Section Newsletter Articles on Alternative Dispute Resolution

Court rules independent fees separable, must be arbitrated By Alyssa Vincent Alternative Dispute Resolution, March 2009 A California appeals court recently clarified the law on resolving disputes over independent counsel fees, ruling that the legislature clearly intended that arbitration serve as the sole forum for resolving these disputes to the exclusion of courts regardless of the presence of other claims in the case.
Happenings By Julia Kucan Alternative Dispute Resolution, March 2009 ADR news updates.
New Hampshire Justices rule ADR fees unconstitutional By Alyssa Vincent Alternative Dispute Resolution, March 2009 In a December 31st opinion for Nancy Lamarche v. Stephanie McCarthy, the New Hampshire Supreme Court held that a $50 filing fee imposed on litigants who are referred to court-ordered alternative dispute resolution is constitutional, since the fee is a reasonable revenue-raising measure and does not deprive litigants of access to court.
The Supreme Court clarifies the standards for vacating or modifying arbitration awards in federal court By Travis J. Ketterman Federal Civil Practice, March 2009 Parties cannot obtain heightened judicial review when seeking to vacate or modify an arbitration award under the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Investment arbitration and financial crisis: The global financial crisis and BITs By Joshua Fellenbaum International and Immigration Law, January 2009 The global economy has struck a significant downturn, which as this article posits, could have direct effects on investor-state arbitration claims.
California Justices urged to limit vacatur based on disclosure failure By Jillian Ruggiero Alternative Dispute Resolution, December 2008 Arbitrators face the possibility of disqualification due to their failure to disclose pertinent facts that are necessary to an arbitrator’s role as a neutral, third party.
Case summaries By Julia Kucan, Jillian Ruggiero, and Alyssa Vincent Alternative Dispute Resolution, December 2008 Recent cases of interest to ADR practitioners.
Don’t try to settle that case By Jon Gilbert Alternative Dispute Resolution, December 2008 Lawyers 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 programs By Kurt Kamrath Family Law, December 2008 The 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.
Happenings By Alyssa Vincent Alternative Dispute Resolution, December 2008 Recent updates of interest to ADR practitioners.
SEC approves revised FINRA rule on post-arbitration submissions By Julia Kucan Alternative Dispute Resolution, December 2008 Under 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 summaries By Julia Kucan, Jillian Ruggiero, and Alyssa Vincent Alternative Dispute Resolution, October 2008 In 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.
Happenings By Jillian Ruggiero Alternative Dispute Resolution, October 2008 Recent updates of interest to ADR practitioners. 
Support mediators Who are candidates for political office Alternative Dispute Resolution, October 2008 The 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.
Texas courts permits disclosure of arbitration statements in civil suit By Alyssa Vincent Alternative Dispute Resolution, October 2008 In Merlyn Knapp v. Wilson N. Jones Memorial Hospital, Wilson N. Jones Memorial Hospital fired its chief financial officer, Merlyn Knapp.    
U.S. Supreme Court holds parties may not contract for expanded judicial review of arbitration awards By Lawrence S. Schaner Alternative Dispute Resolution, October 2008 In 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 Senate By Kurt Kamrath Alternative Dispute Resolution, June 2008 A 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 summaries By Ashley Crettol and Kurt Kamrath Alternative Dispute Resolution, June 2008 The 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 programs By Kurt Kamrath Alternative Dispute Resolution, June 2008 The 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.
Happenings By Kurt Kamrath and Ashley Crettol Alternative Dispute Resolution, June 2008 Florida recently passed a bill that requires parties in homeowner’s association disputes to attempt mediation or arbitration prior to filing suit.
Cases By Kurt Kamrath Alternative Dispute Resolution, May 2008 In 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 event By Christopher R. Minelli International and Immigration Law, May 2008 The 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.
Happenings By Ashley Crettol Alternative Dispute Resolution, May 2008 An 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 Kamrath Alternative Dispute Resolution, May 2008 In the initial part of this article, issues arising from the construction of an effective mediation process were explored in regards to environmental conflicts.
Case summaries By Ashley Crettol Alternative Dispute Resolution, April 2008 The 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 Act By Jon Gilbert Alternative Dispute Resolution, April 2008 The 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.
Happenings By Kurt Kamrath Alternative Dispute Resolution, April 2008 Recent developments in alternative dispute resolution.
Mediation limits / opportunities By Robert E. Wells, Jr. Alternative Dispute Resolution, April 2008 Lack of injunctive relief and limitation on discovery are two perceived “weaknesses” of mediation. However, a closer examination reveals that perceptions may not be reality.
Seventh Circuit overturns arbitration decision based on failure to specifically adhere to state substantive law By Howard Z. Gopman Business and Securities Law, April 2008 In Edstrom Industries, Inc. v. Companion Life Insurance Company the Seventh Circuit Court of Appeals took the unusual step of overturning an arbitrator’s decision on the basis that the arbitrator failed to apply specific substantive law.
Working towards more successful environmental mediation (Part 1) By Kurt Kamrath Alternative Dispute Resolution, April 2008 The practice of environmental mediation has numerous inherent benefits.