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
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
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
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
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?
As I posted earlier this week, I am in Kosovo for a few weeks at the invitation of the American Bar Association to do an assessment of legal education in the country. As part of that process I had meetings outside of Pristina so we set out for a full day road trip. It is … Continue reading Road Trip, Kosovo style
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
Yesterday Sarah gave us her views on the Supreme Court’s opinion in the Rent-a-Center West case – a big win for business. For other takes on the case in the legal blogoshpere see: Prawfsblawg – Today’s arbitration decision in Rent-A-Center v. Jackson SCOTUS blog – New rule for deciding validity of agreements to arbitrate arbitration … Continue reading More on Rent-a-Center West v. Jackson
Today I received my monthly bill from one of my credit card companies with enclosed notices, including a notice of amendments to the credit card agreement. The first revision states: Arbitration will no longer be used to resolve new disputes arising under your Agreement, or any claim or dispute related to benefits or services provided … Continue reading The Decline in Credit Card Arbitration
Today in Jackson v. Rent-A-Center West, the Court again confirmed its view that challenges to a contract which contains an arbitration agreement will go to the arbitrator, a view that it has held and repeatedly affirmed since its decision in Prima Paint in the mid 1960s. Under Prima Paint, a party may enforce a potentially … Continue reading Victory for Business in Rent-A-Center West v. Jackson
