Sheldon Larky, a full-time family law mediator from Michigan, visited the Moritz College of Law to speak to our students about mediation advocacy and negotiation tactics. Sheldon was a delightful speaker who offered some interesting insights. Chief among those were that one should never negotiate at one’s own office. If a lawyer chooses to negotiate … Continue reading Negotiation Techniques
Scotus blog reported that the parties in Hall Street filed their supplemental briefing. See http://www.scotusblog.com/wp/uncategorized/new-layer-of-dispute-on-arbitration/#more-6207 for a story on this topic as well as a link to the briefs. The parties have until Monday, December 3rd to file reply briefs. While I am not certain that anyone other than Justice Roberts was behind the supplemental … Continue reading Supplemental Briefing Filed In Hall Street
Today, the Court issued an order requesting supplemental briefing from the Hall Street Parties. The order is as follows: ORDER IN PENDING CASE 06-989 HALL STREET ASSOC. V. MATTEL, INC. The parties are directed to file supplemental briefs addressing the following questions: (1) Does authority exist outside the Federal Arbitration Act (FAA) under which a … Continue reading Supreme Court Orders Additional Briefing in Hall Street
Proponents of arbitration have long touted the core values of arbitration: speed, efficiency and finality. As arbitration agreements have become increasingly widespread, many critics suggest that the lack of due process protections in arbitration result in unfairness, especially to the classic one-shot player – the consumer or employee. One way to ensure that parties receive … Continue reading Should arbitration transcripts be routine?
From Professor Ellen Deason, Moritz College of Law at the Ohio State University, comes our first guest blog: Most court challenges to the enforcement of settlement agreements reached through mediation are doomed to fail. As shown by Jim Coben’s and Peter Thompson’s empirical analysis of litigation concerning mediation, courts are far more likely to enforce … Continue reading Fraud in Mediated Settlement Agreements
Public Citizen recently issued a report detailing “the arbitration trap” consumers face when they sign up for credit card accounts (http://www.citizen.org/publications/) Public Citizen is a non-profit group that focuses, among other things, on eliminating the use of mandatory arbitration clauses in employment and consumer disputes. The report details many of the problems associated with the … Continue reading Credit Card Companies and Arbitration
On November 7, 2007, the Supreme Court will hear arguments in Hall St. Assocs. LLC v. Mattel, Inc. 196 F. App’x (9th Cir. 2006), cert. granted, 127 S.Ct. 2875 (May 29, 2007) (online merits brief at http://www.abanet.org/publiced/preview/briefs/nov07.shtml#hallstreet). This case will finally address whether parties may agree to expand judicial review of arbitration awards. The federal … Continue reading Supreme Court to Hear Arguments in Case Addressing Whether Parties May Agree to Expand Judicial Review of Arbitration Awards