Case briefsBy Jacob Walls & Breanna HornbostelAlternative Dispute Resolution, December 2017Recent cases of interest to ADR practitioners.
Ezekiel Elliott withdraws his appeal to the 2nd Circuit CourtBy Jacob WallsAlternative Dispute Resolution, December 2017On November 15, 2017, Dallas Cowboys running back Ezekiel Elliott withdrew his appeal to the 2nd Circuit Court of Appeals for a potential preliminary injunction and will now start serving his six-game suspension for domestic violence.
HappeningsBy Breanna HornbostelAlternative Dispute Resolution, December 2017Recent ADR updates from around the country.
President Trump officially kills arbitration ruleBy Jacob WallsAlternative Dispute Resolution, December 2017On November 1, 2017, President Trump signed a resolution that was passed through Congress to kill the Consumer Financial Protection Bureau’s Arbitration Rule.
Case briefsBy Breanna HornbostelAlternative Dispute Resolution, November 2017Recent cases of interest to ADR practitioners.
Perception in negotiationBy Robert WellsAlternative Dispute Resolution, November 2017Some suggestions to help mediators overcome perceived bias and maintain open dialogue.
Using alternative dispute resolution processes and techniques to resolve issues in administrative law hearingsBy Hon. Ann Breen-GrecoAlternative Dispute Resolution, November 2017If parties who appear before administrative law judges are treated with respect and listened to, the ALJ is better able to discern facts that will enable the ALJ to conduct a fair and impartial hearing, make findings of fact objectively, and render a well-reasoned opinion.
Conflict Resolution Day is October 19, 2017Law Related Education for the Public, October 2017Learn more about the Association for Conflict Resolution and its upcoming Conflict Resolution Day.
Case briefsBy Upasna Barath, Ann Nenoff, & Hubert ZanczakAlternative Dispute Resolution, June 2017Recent cases of interest to ADR practitioners.
Circuit court ruling is a warning against burying arbitration clausesBy Ann NenoffAlternative Dispute Resolution, June 2017In Noble v. Samsung Electronics Am., Inc., the U.S. Third Circuit Court handed down a ruling which could serve as a warning against businesses or companies thinking about burying their arbitration clause.
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.