Daily Business Review | Commentary
By Jeffrey Gilbert | November 5, 2020
Prior to the pandemic, all of us knew the rule of court-ordered mediations. The lawyers and their clients were required to attend mediations in person. Whenever and wherever those mediations were scheduled. Wherever the parties were located.
Daily Report Online | Commentary
By Gail S. Tusan | November 2, 2020
My father has helped me to adopt a balanced perspective on the pros and cons of defunding the police, and we together, through listening to each other, were able to reach consensus on what must change in terms of citizen/police encounters and a framework for a properly funded, accountable police presence in American cities, communities and neighborhoods.
By Raychel Lean | October 30, 2020
"There's usually something else, whether it's a political motivation or it's a diplomatic reason, and if you look carefully at the real reason why extradition is going on, sometimes you can find a defense that fits within the defenses that can be raised," defense counsel said.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | October 28, 2020
Does a simple reference to arbitration assure its being required if the provision does not state how and by whom the arbitration will be conducted?
By Raychel Lean | October 23, 2020
"In terms of overall policy, arbitration and other alternative dispute resolution options are becoming increasingly attractive to all parties because of the high expense of litigation, and this decision further advances that," defense counsel said.
By Patrick Smith | October 23, 2020
The lawsuit was filed after an email allegedly revealed a Winston partner's undisclosed ties to a neutral in an arbitration.
New York Law Journal | Analysis
By Samuel Estreicher | October 22, 2020
In his Arbitration column, Samuel Estreicher notes that the Seventh Circuit has bucked a recent trend in the lower courts holding that parties to private international arbitrations can obtain court-based discovery via 28 U.S.C. §1782.
Daily Business Review | Commentary
By Joseph P. Farina and John W. Thornton Jr. | October 22, 2020
Any business dispute that could result in litigation can interrupt or end normal business transactions and relationships, and can divert the allocation of corporate resources to activities that do not move the business forward, which would adversely impact the company's bottom line.
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."
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