Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By Abraham J. Gafni | February 6, 2023
What if the claimant, pursuant to a mandatory arbitration provision, fails to demand arbitration of a dispute before the statute of limitations had expired on its substantive claim for breach of contract. Has the claimant waived its right to compel arbitration?
7 minute read
By Andrea C. Mackaronis | February 1, 2023
Collaborative practice is a valuable arrow in the quiver of Alternative/Complementary Dispute Resolution.
2 minute read
By Charles Toutant | February 1, 2023
"I'm kind of excited, honestly, at my age, to be starting something new and to think that I've got the ability and the energy to do that," said former Chief U.S. Judge Freda Wolfson of the District of New Jersey.
4 minute read
By Benny Osorio | January 31, 2023
A Coinbase case has serious implications for companies that have not been successful in enforcing arbitration agreements in federal district court, according to retired Los Angeles County Superior Court Judge Benny Osorio.
5 minute read
By Victoria Pfefferle-Gillot | January 30, 2023
The ADR section of the Delaware State Bar Association is scheduled to host a CLE webinar event titled "ADR and Ethics 2023."
1 minute read
By Lawrence W. Newman and David Zaslowsky | January 25, 2023
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a recent decision that the Second Circuit stated was a question of first impression for it, in which the court held that there is no requirement to serve a summons in a proceeding brought to confirm an arbitration award, even when the defendant is a foreign sovereign.
11 minute read
By Faith S. Hochberg and Myrna Barakat Friedman | January 19, 2023
The benefits of dispute prevention—triggered much earlier than traditional dispute resolution processes—should be deployed by businesses in broader commercial contexts to mitigate the risk that early disagreements grow into impediments to project completion, litigation and costly damages.
9 minute read
By Michael A. Mora | January 18, 2023
The state court jurist will resign from the complex civil litigation division, effective Feb. 15, to launch an arbitration firm.
3 minute read
By Nelson Timken | January 17, 2023
In this article, Nelson Timken discusses the idea of attorneys taking a more consensus-oriented approach when working with parties in a dispute, and he highlights a course at Fordham Law School named "Lawyers as Facilitators," the purpose of which is to train attorneys as "facilitators of the process of dispute resolution that aids disputants to focus on, discuss, and chose procedural options."
21 minute read
By Noah J. Hanft, Chair, Dispute Resolution Section, and Lorraine D. Mandel, Member, Dispute Resolution Section Executive Committee | January 17, 2023
Noah J. Hanft, Chair of the Dispute Resolution Section, and Lorraine D. Mandel, Member of the Dispute Resolution Section Executive Committee, write: The time is now for all participants in the legal system—judges, counsel, and parties—to embrace mediation and foster its expansion throughout the spectrum of disputes.
3 minute read
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