Mediators’ Duty of Care in Drafting Agreements

Earlier this morning the Standing Committee on Mediator Ethical Guidance released Opinion SODR 2010-1 entitled Mediators’ Duty of Care in Drafting Agreements.  A copy of the opinion in full can be accessed here.  Below are the specific query and subquestions the committee received.  Questions: A married couple with one minor child has decided that they would … Continue reading Mediators’ Duty of Care in Drafting Agreements

Securities Dispute Resolution Triathlon – Early Bird Deadline

In conjunction with FINRA, the Hugh L. Carey Center for Dispute Resolution at St. John’s will host the second annual Securities Dispute Resolution Triathlon on October 2-3, 2010 in New York City. This competition requires student teams to negotiate, mediate, and arbitrate a realistic securities dispute, with neutrals from FINRA’s roster serving as mediators, arbitrators, … Continue reading Securities Dispute Resolution Triathlon – Early Bird Deadline

New Volume of Pepperdine Dispute Resolution Journal

Volume 10, Issue 3 of the PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL has appeared in print.  Articles included in this volume are:  Taking It Upstream:  Collaboration, Consensus Building & Sustainable Development–Green Leadership (Un)conference.  10 Pepp. Disp. Resol. L.J. 351-521 (2010).  Zikman, Steve.  Foreword.  10 Pepp. Disp. Resol. L.J. 351-354 (2010).  Zikman, Steve.  South Pasadena:  a dialogue on dialogue.  10 Pepp. … Continue reading New Volume of Pepperdine Dispute Resolution Journal

Alabama Supreme Court Holds FAA Vacatur Provisions Do Not Preempt State Vacatur Grounds

Last week the Alabama Supreme Court, in Raymond James Fin. Servs., Inc. v. Honea, 2010 WL 2471019 (Ala. June 18, 2010), held that section 10 of the Federal Arbitration Act, which prescribes the exclusive grounds for vacating arbitration awards under federal law, does not preempt vacatur grounds under state law.   In that case, a securities brokerage firm’s customer agreement contained … Continue reading Alabama Supreme Court Holds FAA Vacatur Provisions Do Not Preempt State Vacatur Grounds

End of Arbitration in Financial Services Contracts?

Today House and Senate negotiators reached agreement on legislation that redefines federal oversight of the financial services industry. The agreement may have a major effect on arbitration in the financial services industry. Overlawyered reports, “Tucked away in the Obama administration’s proposals for revamping regulation of financial services is a provision that would apparently allow federal … Continue reading End of Arbitration in Financial Services Contracts?

Robinson on Judicial Settlement Conferences

Pepperdine’s Peter Robinson has published an article titled Settlement Conference Judge – Legal Lion or Problem Solving Lamb: An Empirical Documentation of Judicial Settlement Conference Practices and Techniques in which he reports on an empirical study he conducted of judges in California to assess their methodologies in settlement conferencing. As he acknowledges, the results cannot … Continue reading Robinson on Judicial Settlement Conferences

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