Arbitration|Courts

Arbitration Jurisprudence Takes Strange Turn

Arbitration|Courts

Arbitration Jurisprudence Takes Strange Turn

The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour. In the most recent development, it is hard not to infer a judicial bias against arbitration reminiscent of the 19th century. In Itzhakov v. Segal (A-2619-17T4, August 28, 2019), the mid-level Appellate Division reviewed the...

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Courts|International|Mediation

New Swiss Rules of Mediation

Courts|International|Mediation

New Swiss Rules of Mediation

The Swiss Chambers' Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019. The text of the new Rules is available here. The new Rules revise those that have been in effect since 2007. Of particular interest are Articles 16 and 17, which provide for the...

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Arbitration

“Infinite” Arbitration Clauses

Arbitration

“Infinite” Arbitration Clauses

Prof. David Horton of the University of California, Davis, School of Law has posted a provocative article scheduled to be published by the University of Pennsylvania Law Review. Titled "Infinite Arbitration Clauses," it collects and comments upon purported arbitration "agreements" pursuant to which one party seeks to obligate another...

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Courts|Mediation|Negotiation

New Jersey Statute Regulates Settlement Agreements

Courts|Mediation|Negotiation

New Jersey Statute Regulates Settlement Agreements

New Jersey Governor Murphy has signed into law P.L.2019, c.39, which declares unenforceable any "provision in any... settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment." Moreover, the new law provides that every settlement agreement addressing such claims...

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Uncategorized

World Mediation Forum Part 2: Italy, Poland, China, India, France… and Even Texas!

Uncategorized

World Mediation Forum Part 2: Italy, Poland, China, India, France… and Even Texas!

At the 26th convening of the UIA World Mediation Forum in Zurich on March 5-6, 2019, a panel on whether mediation should be compulsory, among representatives of France, the US, Switzerland, and Italy, wrestled with intriguing philosophical considerations.  Is compulsory court annexed ADR inconsistent with the principle of judicial access? ...

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Uncategorized

26th UIA Mediation Forum: Developments in Switzerland

Uncategorized

26th UIA Mediation Forum: Developments in Switzerland

The UIA World Mediation Forum convened its 26th meeting in Zurich on March 8-9, 2019.  As usual, however interesting the many presentations were, the meeting was especially marked by the opportunity to continue friendships with mediators from around the world, and to forge new relationships. Appropriately, the first session set forth...

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