Arbitration|Employment

Prevalence of Employment Arbitration is Measured

Arbitration|Employment

Prevalence of Employment Arbitration is Measured

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes. Alexander J.S. Colvin of the Economic Policy Institute in Washington, D.C., has concluded that, "since the early 2000, the share of workers subject to mandatory arbitration has more than doubled and now exceeds 55 percent."  Key...

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Conflict Resolution|Courts|International|Mediation|systems design

Market Disruption, Anyone?

Conflict Resolution|Courts|International|Mediation|systems design

Market Disruption, Anyone?

You can read all kinds of Richard Susskind books about disruption in the legal markets, but sometimes, like St. Thomas, you gotta see it to believe it. Recently I attended a Mediation Summit in Hangzhou, China, and with some other American colleagues I was given a tour of the West Lake...

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Arbitration|Courts|United States

ADR Legislative Update

Arbitration|Courts|United States

ADR Legislative Update

As is his practice, Larson Frisby of the ABA Governmental Affairs Office has prepared his annual Federal Legislative Update, reporting on the status of federal ADR legislation and other related proposals and measures of interest to practitioners and public policy followers. Most prominent on the list is the CFPB's final rule...

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Uncategorized

Employee Class Action Waiver Independent of Arbitration Clause

Uncategorized

Employee Class Action Waiver Independent of Arbitration Clause

The law of employee class action waiver has, to date, been entwined in the law of arbitration.  Agreements to arbitrate being heavily favored, courts have been reluctant to refuse to enforce agreements to arbitrate that also included agreements not to engage on collective remedies such as class actions.  Now, the...

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International|Mediation

Interesting China Conference

International|Mediation

Interesting China Conference

Colleagues at both the CCPIT Mediation Centers and the newly-minted Mainland-Hong Kong Joint Mediation Center have extended invitations to what promises to be a fascinating conference on 18-19 September in the beautiful city of Hangzhou. The invitation is a broad one and I encourage those interested to contact the link provided...

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International|Mediation

More Leadership, Just in Time

International|Mediation

More Leadership, Just in Time

From the New York Times, Wednesday July 12, 2017, quoting a spokesperson for the American Secretary of State who made the following distinction with respect to the Secretary’s efforts concerning Qatar: Mr. Hammond said that Mr. Tillerson was maintaining his distance and not trying to act as a mediator.  “No, a mediator...

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Conflict Resolution|Mediation|Negotiation

ABA DR Section Solicits Proposals for 2018 Spring Meeting

Conflict Resolution|Mediation|Negotiation

ABA DR Section Solicits Proposals for 2018 Spring Meeting

The ADR event of every year is the Spring Meeting of the ABA Dispute Resolution Section Spring Meeting.  The Section has announced that proposals for programming for the April 4-7, 2018 Meeting are now being solicited.  More surprisingly, the deadline for proposals is only a few weeks away -- Friday,...

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