Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

I write from Beijing, where the two-day Conference of the Asian Mediation Association has been held, organized by the China Council for Promotion of International Trade (CCPIT) Mediation Centers.  I was very excited to return to Beijing after nine years' absence and to meet so many like-minded, but differently-situated, colleagues. The...

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Arbitration|Courts|Employment

Waiver of Class Action Without Arbitration Provision

Arbitration|Courts|Employment

Waiver of Class Action Without Arbitration Provision

In considering the debates raging about the enforceability of class action waiver provisions in arbitration clauses, I have always assumed that the arbitration clause was there just as a vessel to hold the class action provision.  That is, I thought that there was no vehicle to waive class actions outright....

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Arbitration|Courts

Boiling Down Consumer Arbitration

Arbitration|Courts

Boiling Down Consumer Arbitration

By now I've attended or participated in quite a few task forces, speeches, conference panels and other occasions in which the issue of class action waivers in consumer arbitration clauses has been discussed.  Just about each time, just about each speaker has been either smarter or better informed than I...

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Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

A recent decision of the Supreme Court of Nevada addresses the question whether a party's ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.  In MB America, Inc. v. Alaska Pacific Leasing Company, the court said it was,...

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Conflict Resolution|Courts|Mediation

Oregon Supreme Court on Mediation Confidentiality

Conflict Resolution|Courts|Mediation

Oregon Supreme Court on Mediation Confidentiality

On December 10, 2015, the Oregon Supreme Court released an opinion in a case that required it, for the first time, to consider whether a client may assert a claim for legal malpractice relying upon factual allegations that reveal the substance of communications made in the course of, or immediately...

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Arbitration|Courts

CFPB Readies Proposals on Consumer Arbitration

Arbitration|Courts

CFPB Readies Proposals on Consumer Arbitration

The Consumer Financial Protection Bureau is preparing to propose regulations addressing what it perceives as unfair and exploitative practices by organizations in their treatment of consumers.  In its snappily-titled October 7, 2015 Outline of Proposals Under Consideration and Alternatives Considered, the Bureau tentatively proposed to: (1) bar class action waivers in...

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