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