Tom Stipanowich has called the recent Supreme Court arbitration rulings the "Third Trilogy." The Circuit Courts of Appeals appear to be having trouble interpreting these influential holdings, and are coming up with awkward and inconsistent guidance. Courts of Appeal for at least six Circuits have weighed in during the past 60-90...
The final paper from a student in the International Commercial Dispute Resolution course at New York Law School discusses the present state of commercial mediation, conciliation and arbitration in selected jurisdictions in Africa. The author also identifies certain political and commercial attributes that are missing in the region and that,...
For the past ten years (and counting), Dr. Ivan Sutter and Oxford Health Plans have been engaged in a dispute arising from a 1998 agreement pursuant to which Dr. Sutter would provide health services to Oxford's members and Oxford would compensate the doctor at a predetermined rate. Seeking quick, efficient resolution of...
J. Michael Hand didn't like the Walnut Valley Sailing Club's storage shed. A member of the club, though not disabled himself, Mr. Hand thought the structure didn't comply with the accessibility requirements of the Americans with Disabilities Act. So he sued. The Walnut Valley Sailing Club didn't like being sued, and...
I remember attending the first meeting of the Dispute Resolution Section of the American Bar Association, in Boston, in 1999. I was on a panel discussing Y2K, and absolutely everybody I had ever met in ADR was in attendance. Y2K has since moved on, but the ABA Dispute Resolution Section...
This post continues a discussion of some recent court opinions concerning the enforceability of settlement agreements reached during mediation, but subsequently disowned by one of the parties. In Williamson v. Boehringer-Ingelheim Pharmaceuticals (N.J. App. Div. A-6291-10T1, March 12, 2012), plaintiff sought damages from her employer for alleged violations of the New...
The 16th meeting of the World Mediation Forum of the UIA was held in Lisbon, Portugal, on January 27-28, 2012. It was very well attended; Co-President Colin Wall noted that attendees came from 31 countries. A panel on mandatory mediation brought out some interesting recent developments, including a game-changer in Italy. ...