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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Arbitration|Courts

NJ Supreme Court on Agreements to Arbitrate

Arbitration|Courts

NJ Supreme Court on Agreements to Arbitrate

We have previously noted the New Jersey Supreme Court's somewhat radical view of arbitration agreements -- including the proposition that, to be enforceable, each party to the contract needs to understand what arbitration means.  This principle has been applied to a subsequent dispute before the State Supreme Court, resulting in...

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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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