By Jonathan Greenblatt, Henry Weisburg, Christopher Ryan and Anna Stockamore | March 16, 2018
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, it is the experience of the authors, corroborated by empirical research, that mediation has not been widely accepted as a means to reach settlement.
By John P. DiBlasi | March 16, 2018
Making the best use of your mediator's abilities and time at every stage of the proceeding is extremely important in attempting to reach resolution.
By Elizabeth Edmondson and Gretchen Stertz | March 16, 2018
If you wish to litigate confirmation in federal court, it is important to be aware of the category of “nondomestic” arbitrations—which may offer an underutilized path to federal jurisdiction.
By Stephen P. Sonnenberg | March 16, 2018
Deciding whether or how to address varied emotions that stand in the way of resolution often is a key to a successful mediation.
New York Law Journal | Analysis
By Samuel Estreicher and Holly H. Weiss | March 16, 2018
In their Arbitration column, Samuel Estreicher and Holly H. Weiss write: The Supreme Court has taken up two questions for review: (1) whether a dispute over applicability of the Federal Arbitration Act (FAA)'s Section 1 exemption must be resolved in arbitration pursuant to a valid delegation clause; and (2) whether the FAA's Section 1 exemption, which applies only to “contracts of employment” involving transportation workers, is inapplicable to agreements establishing an independent contractor relationship.
Daily Report Online | Commentary
By Robin Hensley, Raising the Bar | March 16, 2018
Construction litigator Keith Lichtman built a healthy practice helping clients address disputes, then he followed his passion and launched a mediation practice, too.
By Michael Booth | March 14, 2018
A New Jersey appeals court ruled Wednesday that, absent specific contractual language, in-person arbitration cannot be compelled.
By Robert Storace | March 1, 2018
Known as the godfather and pioneer of ADR, Frank Sander was generous with sharing his extensive knowledge on the topic with others. He died recently at age 90.
Connecticut Law Tribune | News
By Robert Storace | March 1, 2018
Known as the godfather and pioneer of ADR, Frank Sander was generous with sharing his extensive knowledge on the topic with others. He died recently at age 90.
By John Council | February 26, 2018
In an 8-0 decision, the Texas Supreme Court ruled that a payday lender did not waive civil litigation arbitration agreements it had with customers…
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