Arbitration|Courts|United States

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

Arbitration|Courts|United States

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

Thanks to Loyola Prof. Imre Szalai for bringing to our attention the interesting Ninth Circuit decision in Breazeale v. Victim Services, Inc., holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration. Victim Services...

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Arbitration|Conflict Resolution|Courts|United States

Metrics on Arbitration Efficiency

Arbitration|Conflict Resolution|Courts|United States

Metrics on Arbitration Efficiency

The current issue of New York Dispute Resolution Lawyer -- really a very good publication of the New York State Bar Association's Dispute Resolution Section -- includes a brief article by Roy Weinstein of the economic research and consulting firm Micronomics.  The article summarizes certain findings of a study comparing...

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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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Arbitration|Conflict Resolution|Courts

Verdict in JAMS Lawsuit

Arbitration|Conflict Resolution|Courts

Verdict in JAMS Lawsuit

A few months ago we posted disconcerting news of a dissatisfied party to a California arbitration who, rather than seeking to vacate the award pursuant to state or federal arbitration statutes, sued the arbitrator and the service provider, alleging that the arbitrator's qualifications had been misrepresented on the provider's website. The...

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Arbitration|Courts|Employment

Supremes Grant Cert on NLRB Challenge to Class Waiver

Arbitration|Courts|Employment

Supremes Grant Cert on NLRB Challenge to Class Waiver

As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer's unilaterally promulgated waiver of employees' right to participate in collective redress. Despite reports to the contrary, it seems prudent to remember that this is not an...

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Arbitration|Courts

NY Times: “Arbitration” = Secretive and Unfair

Arbitration|Courts

NY Times: “Arbitration” = Secretive and Unfair

On the front page of today's New York Times there appears an article reporting on a legal argument that is purportedly being advanced by Wells Fargo in response to claims brought on behalf of thousands of customers in whose name, and without whose knowledge, over 2,000,000 "sham" accounts were established. The...

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