Case BriefsMarch 2022Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case BriefsJanuary 2022Summaries of recent cases of interest to alternative dispute resolution practitioners.
Congress Passes Legislation Restricting Arbitration of Sexual Assault and Harassment ClaimsBy Jay SchleppenbachMarch 2022Concerns that certain types of claims are ill suited for arbitration have led to the passage of federal legislation that actually amends the Federal Arbitration Act to give employees who are parties to arbitration agreements with their employers the option of bringing their claims of sexual assault or sexual harassment in arbitration or court.
Former Judges as MediatorsBy Ron SpearsJanuary 2022One member's observations of mediation after retirement from the bench.
Restorative Justice UpdateBy Ashanti Madlock HendersonMarch 2022Updates on the restorative justice landscape.
Supreme Court Set to Weigh in on Prejudice Requirement for Waiver of Arbitration RightsBy Jay SchleppenbachJanuary 2022It is well-established that the right to arbitrate claims rather than have them heard in the court system, like other contractual rights, can be waived. But determining when that waiver has occurred has not always been clear cut.