This article discusses how mediation can help business, an inspiring example from The Middle East.
(9/25/20)Nicholas Gowen, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Nicholas Gowen, a litigation partner at Burke, Warren, MacKay & Serritella in Chicago and experienced arbitrator.
Accordingly, a blanket “no settlement” policy may not be in the best interests of the company’s bottom line. There are three instances where companies should put aside their instinct to litigate and explore mediation.
(9/25/20)Lucia Kanter St. Amour
Secrets in Plain Sight
A class action complaint against Grindr for alleged privacy violations may not be able to proceed in traditional court and will have to be resolved through individual arbitration, according to one of the attorneys for the complainant.
In Shivkov v Artex Risk Solutions the 9th Circuit held if contracts do not expressly or impliedly indicate that the termination of the agreement itself results in the expiry of the arbitration clause, then the latter survives after the termination of the former.
The 9th U.S. Circuit Court of Appeals in a 2-1 decision ruled that the standard for evaluating whether the courts or the arbitrators themselves must decide if commercial disputes are to be arbitrated is equally applicable in the context of labor disputes.
Practising Law Institute’s (“PLI”) annual securities arbitration seminar took place via live Webcast on September 10th. Although the pandemic moved the event to a virtual-only format, the event as usual was packed with content of interest.
The United States District Court for the Middle District of Florida in Johnson v. Westlake Portfolio Mgmt. declined to enforce an arbitration clause in a consumer dispute over the repossession of a Jeep Wrangler, in spite of federal policy favoring arbitration.
(9/21/20)Hilary Mofsowitz, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Hilary Mofsowitz, a South African Labor and Employment Arbitrator with the Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa.
(9/21/20)ADR Institute of Canada
The ADR Institute of Canada (ADRIC) has an Online Dispute Task Force (ODRTF). The Task Force formed a sub-committee on Platforms. After evaluating 12 systems, the sub-committee recommends three platforms: CREKODR, Caseload Manager, and the Sport Dispute Resolution Centre of Canada (SDRCC).
This document will analyze a conflict scenario with respect to the conflict’s candidacy (suitability) for mediation.
How to maximize your opportunity to "Win" at mediation.
Continually asking questions, rather than making declarations, is a core creed in my resolution work.
We like to feel in control. To lose this sense of control is to be open to doubt, anxiety, and fear.
This article discusses fostering collaboration, mitigating conflict, and improving performance.
Ombuds offices have elevated and unique needs for managing personal and case information and for meeting International Ombudsman Association (IOA) best practice standards.
Is mandatory mediation training in India too late?
New urgencies created by COVID, new virtual platforms that are increasingly user-friendly and real, and all the traditional reasons—an experienced arbiter, party control, efficiency, speed —make private arbitration a fine choice for businesses that have disputes during the pandemic.
In March 2013, in Anhui Longlide Packaging and Printing Co., Ltd. v. BP Agnati S. R. L, the Supreme People’s Court of China (“SPC”) held that an arbitration agreement providing “ICC arbitration in Shanghai” is valid under the PRC Arbitration Law.
On 14 September 2020, the US Court of Appeals for the Fifth Circuit rejected vacatur of two arbitration awards for alleged “evident partiality,” overturning the vacatur of the awards by the US District Court for the Southern District of Texas, in OOGC America, L.L.C. v. Chesapeake Exploration, L.L.C.
(9/16/20)Nudrat Piracha, Colin Rule, Amy Schmitz
In this episode of the Arbitration Conversation Amy (and Colin) interview Dr. Nudrat Piracha, member of the ICSID Ad Hoc Committee, Partner at the firm Samdani & Qureshi, and Senior JAMS Weinstein Fellow since 2018.
The purpose of this paper is to consider how it is possible to improve the current mediation training in England and Wales.
They said it couldn’t be done. I said it couldn’t be done. Six months ago, this would have been unthinkable.
Examines the outcome of the CJEU’s decision known as Schrems II from the perspective of mediation service providers and mediators. Proposes practical steps in which the results of Schrems II may be addressed. Reviews the emerging responses of Data Protection Authorities in Europe and the USA.
Pitt and Jolie's divorce has taken a long time, filed for in 2016, although divorced in 2019 their agreement regarding child custody and financial assets is still ongoing.
(9/15/20)Dr. Lynne C. Halem
Today as the coronavirus keeps us isolated, huddled in our homes, fearful of venturing too far or thinking too deeply, we cannot long ignore the pandemic’s impact on contractual deals that we made when we thought we understood the present and even banked on a better tomorrow.
FINRA’s Office of Dispute Resolution Services (“DRS”) has again administratively postponed all in-person arbitration and mediation hearings but has posted guidance on its plans to resume in-person hearings.
In a somewhat shocking recent ruling in Gamble v. New Eng. Auto Fin., Inc., the Eleventh Circuit Court of Appeals refused to compel arbitration of the Telephone Consumer Protection Act ('TCPA') marketing suits pursuant to consumer agreements reasoning that such messages do not “arise out of” the underlying contract.
(9/14/20)Tomas Furlong, Priya Aswani, Gitta Satryani
On 12 September 2020, the Singapore Mediation Convention came into force, just over a year after its signing ceremony on 7 August 2019, and marked an important day for dispute resolution users.
Can reformers and chief justices find common ground?
Mediator fit is really important.
ODR is More Than Zoom
Most people when pressed will admit that they are not listening effectively.
(9/13/20)Carrie Shu Shang, Amy Schmitz
In this episode Amy interviews Prof. Carrie Shu Shang of Cal State Polytechnic University, Pomona on international arbitration and China's Belt and Road initiative.
Many people assume that the only way to resolve a family law matter is to retain counsel and commence a Court action. This is a wrong assumption.
Numerous federal and state laws prohibit gender discrimination and harassment in the workplace.
Under Title VII of the Civil Rights Act of 1964 and state antidiscrimination statutes, an employer must not impose adverse employment actions or otherwise discriminate against individuals based on gender.
A big change in Canada's arbitration and litigation environment with yesterday’s nomination of Madam Justice Jasmin Ahmad to the Supreme Court of British Columbia. Despite the loss to the arbitration and litigation bar, her nomination is a great gain to the bench.
Justice Susan L. Bercov had to decide whether to exercise her discretion to stay duplicative proceedings involving administrative action taken in two Canadian provinces. Justice Bercov declined to exercise her discretion due to the applicant’s failure to meet his evidentiary burden to establish the overlap and status of the duplicative proceedings.
A major Commonwealth study on international commercial arbitration led by Dr. Petra Butler, a professor at Victoria University of Wellington, and Dharshini Prasad, a Senior Associate at Wilmer Cutler Pickering Hale and Dorr LLP, offers trade-boosting solutions.
A somewhat divided New Jersey Supreme Court in Skuse v. Pfizer, Inc., held that an arbitration agreement announced and “acknowledged” by email to employees was valid and enforceable.
Before couples decide the best course of action when separating, it is helpful to know the essential steps of the mediation process.
All you need to know is – there is No Mo Fo Mo. Everything prior to 2019 B.C. (Before Corona) was a rehearsal; we are now living in the real digital age.
This article discusses the case of McEwen (Re) (2020 ONCA 511), where Ontario’s Court of Appeal repurposed an exception, developed in its 1996 decision involving leave to appeal an arbitration award, which permitted a three-member panel to review the decision of a single judge denying leave to appeal.
In Michael Conyer v. Hula Media Services, the California State Appellate Court held that an employer had no duty to point out the subsequent addition of an arbitration clause to the employee's attention when the latter had given assent to this clause, by signing the 'receipt and acknowledgment' page of the revised employee handbook.
(9/08/20)Ryan Warden, Dean Shauger
On August 18, 2020 the Supreme Court of New Jersey upheld the enforceability of an employment arbitration agreement by validating employer distribution of mandatory arbitration agreements, confirming that employees may manifest their assent by remaining employed after the effective date specified in the agreements.
Mandatory arbitration clauses have become routine ingredients in website user terms and conditions. But what is “enough” to confirm that the consumer has “signed on” to arbitrate a dispute" This article explores the judicial positions on the validity of such mandatory arbitration clauses.
(9/08/20)Jill Gross, Amy Schmitz
Arbitration Conversation Episode 21: In this episode Amy interviews Prof. Jill I. Gross, Director of the Investor Rights Clinic at the Pace University Law School on securities arbitration and FINRA.
As more mediators practice via Zoom and experience Zoom fatigue, they are discovering something about themselves.
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Pain is a mixed blessing in mediation.