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Arbitration News

3/21:

Encouraging Greater Use of Mediation in International Commercial Arbitration

Mediation is not a staple of complex international commercial arbitration. It may well precede it—many arbitration agreements contain a “tiered” approach to dispute resolution that includes mediation—but, once a large international arbitration is fully underway, mediation has not been widely accepted. read

 
1/30:

'You can't force people into mediation': Society spells out ADR wishes

Lawyers and consumers need to ‘buy into’ the use of alternative dispute resolution but do not need it forced upon them, the Law Society has said. read

 
11/21:

Arb-Med-Arb: what is it and how can it help the parties to solve their disputes efficiently?

AMA is a hybrid mechanism and combines arbitration and mediation. It contains in essence the following steps: read

 
9/28:

South Africa: Why mediation and arbitration offer a better route to solving medical disputes

The benefit of a medical mediation is that the emotional toll on both parties in the dispute is minimized. read

 
8/11:

The perfect dispute resolution clause

Practitioners from every stage of the disputes process: in-house, private practice, the Bar and institutions, gave their insights on what makes for an effective dispute resolution clause. read

 
7/06:

Supreme Court Rules In Favor Of Nursing Home Arbitration Agreements

In Kindred Nursing Center Ltd. Partnership v. Clark, the United States Supreme Court recently continued its protection of arbitration agreements by holding that the Federal Arbitration Act (FAA) preempted a Kentucky "clear statement" rule that disfavored arbitration agreements. read

 
5/09:

Mediators Share Advice on Managing Outside Counsel

Most cases resolve at some point, and early mediation lowers the costs incurred in litigation. In going even further though, I would advise in-house counsel to challenge some of the common practices litigation counsel often employ. read

 
3/21:

Senators Must Ask Gorsuch If He Will Force Americans into Arbitration

As part of his confirmation as a Supreme Court justice beginning on March 20, the Senate must ask Judge Gorsuch about his views on arbitration to determine whether he will put big business ahead of Americans’ constitutional right to a trial by jury. read

 
3/16:

SCOTUSblog: Judge Gorsuch’s arbitration jurisprudence

Arbitration, which involves agreements between parties to settle disputes in a private forum rather than in court, might seem like a fairly dry area of the law. But recent Supreme Court rulings interpreting the scope of the Federal Arbitration Act have had significant implications in consumer protection, labor, and class action contexts. read

 
3/14:

Unfortunate confusion of mediator and arbitrator roles

The headline reads: "Mediator: Hamilton man doctored videos trying to swindle son's widow, children." The best read is the first comment that very capably distinguishes between the roles of a mediator and arbitrator. read

 

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