ADR: The Federal Government’s Experience

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I just read the recently-posted, to-be-published-somewhere empirical study of the use of ADR in the federal government in the late 1990s. Entitled, Dispute Resolution and the Vanishing Trial: Comparing Federal Government Litigation and ADR Outcomes, the study’s authors include Lisa Bingham, Tina Nabatchi, Jeff Senger, and Michael Scott Jackman. Their abstract reads: This study compares … Continue reading ADR: The Federal Government’s Experience →

“Peer” Arbitration – Request for Information

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John Gradwohl of the University of Nebraska is conducting research about “peer” arbitrations — which he defines as “situations where the parties themselves want to have a system in which their participants make a binding determination of a dispute rather than bring in a third party decider.” He recently posted a request for information on … Continue reading “Peer” Arbitration – Request for Information →

Penn Plaza Argues for Enforcement of Arbitration Agreement in Merits Brief

Penn Plaza filed its merits brief in the Pyett case on May 5, 2008. For the brief, see http://www.abanet.org/publiced/preview/briefs/unscheduled.html In the brief, Penn Plaza argues that the Federal Arbitration Act does not treat individual arbitration agreements differently than agreements negotiated collectively. As a result, statutory authority does not support the Second Circuit’s decision. According to … Continue reading Penn Plaza Argues for Enforcement of Arbitration Agreement in Merits Brief →

Duress as a basis for avoiding an arbitration agreement?

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I’m wondering if anyone can point me to a specific example of duress being used successfully as the basis for avoiding an arbitration agreement. I’ve seen plenty of examples of cases in which it has been argued unsuccessfully. And I’ve seen examples of cases in which it was one of a laundry list of grievances, … Continue reading Duress as a basis for avoiding an arbitration agreement? →

International Effort to Certify Mediators

While certification and ethics for mediators continue to be hotly debated in the U.S., a new organization has come on the scene with the goal of offering a certification that will be accepted as the global mediator competency standard. International Mediation Institute (“IMI”) was created by the Netherlands Mediation Institute, Singapore Mediation Centre/Singapore International Arbitration … Continue reading International Effort to Certify Mediators →

Ross v. Bank of America: Important Victory for Consumers Subject to Arbitration Provisions

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Jean Sternlight, Saltman Professor, UNLV Boyd School of Law & Director Saltman Center for Conflict Resolution, brought to my attention the Second Circuit’s recent decision in Ross v. Bank of America, — F.3d —-, 2008 WL 1836640 (C.A.2 (N.Y.). According to Jean: “[I]t is the most important victory in recent years for consumers seeking to … Continue reading Ross v. Bank of America: Important Victory for Consumers Subject to Arbitration Provisions →

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