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|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|Conflict Resolution|Employment|Mediation|United States

New Book on Business ADR

Arbitration|Conflict Resolution|Employment|Mediation|United States

New Book on Business ADR

The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field.  In the past several months, many members of these various entities undertook a collaborative effort to "cut across the solos." The result is a unique  new volume titled ADR...

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Arbitration|Employment|International|Mediation|systems design

UIA Mediation Forum and Employment Systems Design

Arbitration|Employment|International|Mediation|systems design

UIA Mediation Forum and Employment Systems Design

The Union International des Avocats have hosted the World Forum of Mediation Centres since 2002, and I have attended all but three of their meetings.  It is a convivial crowd of well-informed, deeply committed and sociable folks who tend to meet at interesting (mostly European) venues. The meeting scheduled for Luxembourg...

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Arbitration|Conflict Resolution|Courts|Employment|Europe

Consumer Arbitration in Context

Arbitration|Conflict Resolution|Courts|Employment|Europe

Consumer Arbitration in Context

The publication by the New York Times of a series of highly-critical front-page articles on arbitration of consumer and employment disputes has stirred the pot among practitioners, academics, and others with a stake in Alternative Dispute Resolution.  The reportage was flawed, as some in our community were quick to point...

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Conflict Resolution|Employment|Mediation|Negotiation|Teaching

CLE Program on "ADR and Young Lawyers"

Conflict Resolution|Employment|Mediation|Negotiation|Teaching

CLE Program on "ADR and Young Lawyers"

The ABA Business Law Section is partnering with New York Law School to present a half-day CLE Symposium on "ADR and the Young Lawyer" on Friday morning, January 30.                 The event, held from 9:00 to 1:45, features speakers from leading corporations, law firms and ADR...

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Arbitration|Courts|Employment|United States

"Agreements" to Arbitrate: How Stands First Options?

Arbitration|Courts|Employment|United States

"Agreements" to Arbitrate: How Stands First Options?

As recently as 1995, the Supreme Court observed, in First Options of Chicago v. Kaplan, that arbitration was a creature of contract: "[A] party who has not agreed to arbitrate will normally have a right to a court's decision about the merits of its dispute." Yet what constitutes an agreement to...

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