By Stephen Masciocchi and Jessica Smith | October 22, 2020
The Tenth Circuit held that a challenge to whether an arbitration agreement was ever formed can only be resolved by a court, even if the arbitration agreement delegates issues of arbitrability to the arbitrator.
Daily Business Review | Commentary
By Joseph M. Goldstein | October 21, 2020
Contrary to attorney perceptions, the Florida Rules for Certified and Court-Appointed Mediators do not forbid a mediator from offering opinions. Rules, such as 10.306(c), only prohibit opinions that are "intended to coerce the parties, unduly influence the parties, decide the dispute, or direct a resolution of the case."
New York Law Journal | Expert Opinion
By Jeffrey T. Zaino | October 20, 2020
Fortunately for companies that file for Chapter 11, bankruptcy courts are embracing virtual alternative dispute resolution processes to handle cases during this extraordinary period. Engaging in online mediation, and arbitration, can expedite Chapter 11 cases toward an equitable conclusion, while ensuring social-distancing.
By Alaina Lancaster | October 20, 2020
Alternative dispute resolution organizations like ADR Services, JAMS and NAM are hiring hybrid administrative-IT positions to help keep the technical difficulties to a minimum in remote mediations and arbitrations.
By Alaina Lancaster | October 19, 2020
ADR Services Inc., which has seven offices throughout California, has added 25 Zoom coordinator specialists, who act as a liaison between parties in virtual proceedings.
By Jonathan Erway | October 19, 2020
Carstens & Cahoon, a full-service intellectual property law firm based in Dallas, added Stephen Liu as its newest partner.
By Alaina Lancaster | October 14, 2020
The resolution of the lawsuit over a more than $5 million loan has been punctuated with false starts.
By Ellen Bardash | October 13, 2020
Arnold & Porter assisted the ACLU of Delaware and the Community Legal Aid Society pro bono in the case, which was in mediation for three days before ice Chancellor Joseph R. Slights III.
By Greg Land | October 8, 2020
Even the most even-keeled neutrals seem to be at odds over what they describe—approvingly or otherwise—as a growing trend in the profession to eschew opening or plenary sessions among the parties. Some say they can still be productive. Others welcome their demise.
By Greg Land | October 8, 2020
Even the most even-keeled neutrals seem to be at odds over what they describe—approvingly or otherwise—as a growing trend in the profession to eschew opening or plenary sessions among the parties. Some say they can still be productive. Others welcome their demise.
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