Arbitration|United States

Delaware's Rapid Arbitration Act

Arbitration|United States

Delaware's Rapid Arbitration Act

Its first attempt having been stricken by the Third Circuit, the Delaware General Assembly recently enacted the Delaware Rapid Arbitration Act that seems ideally suited to a broad range of business disputes, and is a welcome contribution to rational, reasonable and responsive arbitration law. Among its features, the Act requires that...

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Conflict Resolution|Mediation|United States

Judge? Mediator? Pick One!

Conflict Resolution|Mediation|United States

Judge? Mediator? Pick One!

There was a time when mediators were seen as alternatives to judges.  Mediators had skills of client-led interest-based consensual resolution; judges had skills in law-led, positional adjudication.  Now, however, many judges seek mediator training and practice mediation, both on and off the bench.  At an intriguing panel at the ABA...

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Conflict Resolution|Teaching|United States

Invitation for Students to Examine Civil Conflict

Conflict Resolution|Teaching|United States

Invitation for Students to Examine Civil Conflict

Professor Stacie Strong of the University of Missouri has announced a student writing competition to prompt critical thinking on the dispute resolution ramifications of the events surrounding the killing in Ferguson, Missouri and elsewhere.  The details of the competition are below.  It will be interesting to see what examples of...

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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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Arbitration|Courts|United States

Arbitration as a Means of Avoiding Class Actions

Arbitration|Courts|United States

Arbitration as a Means of Avoiding Class Actions

In AT&T Mobility v. Concepcion, the Supreme Court held that a waiver of class action that was part of an arbitration clause in a consumer contract was enforceable despite state law to the contrary.  Subsequently, in Oxford Health Plans v. Sutton, it upheld an arbitrator’s ruling that a class action...

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Arbitration|Conflict Resolution|Mediation|United States

ADR Regulation Proposals Before the US Congress

Arbitration|Conflict Resolution|Mediation|United States

ADR Regulation Proposals Before the US Congress

At a recent meeting of the Council of the ABA Dispute Resolution Section, R. Larson Frisby of the ABA Governmental Affairs Office gave a very useful summary of certain legislation currently before Congress that could have an impact on arbitration, mediation and other forms of ADR in the U.S.  With...

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Negotiation|United States

Lincoln's Lessons for Lawyers

Negotiation|United States

Lincoln's Lessons for Lawyers

The interest in Abraham Lincoln sparked by the recent release of Spielberg's film prompts a reminder of Tom Stipanowich's recent article, in the ABA's Dispute Resolution magazine, on Lincoln as a counsellor and negotiator.  Lincoln's oft-quoted advice, "discourage litigation," becomes far more than an adage when one considers real-life instances of his actually...

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