Arbitration

“Infinite” Arbitration Clauses

Arbitration

“Infinite” Arbitration Clauses

Prof. David Horton of the University of California, Davis, School of Law has posted a provocative article scheduled to be published by the University of Pennsylvania Law Review. Titled "Infinite Arbitration Clauses," it collects and comments upon purported arbitration "agreements" pursuant to which one party seeks to obligate another...

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Courts|Mediation|Negotiation

New Jersey Statute Regulates Settlement Agreements

Courts|Mediation|Negotiation

New Jersey Statute Regulates Settlement Agreements

New Jersey Governor Murphy has signed into law P.L.2019, c.39, which declares unenforceable any "provision in any... settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment." Moreover, the new law provides that every settlement agreement addressing such claims...

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Uncategorized

World Mediation Forum Part 2: Italy, Poland, China, India, France… and Even Texas!

Uncategorized

World Mediation Forum Part 2: Italy, Poland, China, India, France… and Even Texas!

At the 26th convening of the UIA World Mediation Forum in Zurich on March 5-6, 2019, a panel on whether mediation should be compulsory, among representatives of France, the US, Switzerland, and Italy, wrestled with intriguing philosophical considerations.  Is compulsory court annexed ADR inconsistent with the principle of judicial access? ...

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Uncategorized

26th UIA Mediation Forum: Developments in Switzerland

Uncategorized

26th UIA Mediation Forum: Developments in Switzerland

The UIA World Mediation Forum convened its 26th meeting in Zurich on March 8-9, 2019.  As usual, however interesting the many presentations were, the meeting was especially marked by the opportunity to continue friendships with mediators from around the world, and to forge new relationships. Appropriately, the first session set forth...

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Arbitration

Another Wrong Arbitration Decision in New Jersey

Arbitration

Another Wrong Arbitration Decision in New Jersey

It's not often that an excellent court simply misconstrues -- or worse ignores -- relevant state statutes and superseding federal law.  But the Superior Court Appellate Division of New Jersey seems to have done so.  We assume that it was trying to protect employees claiming age discrimination.  In fact, it...

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Conflict Resolution

Two Valued Honors for Business Conflict Management LLC

Conflict Resolution

Two Valued Honors for Business Conflict Management LLC

I am pleased to report that Business Conflict Management has been the subject of two valued instances of recognition. First, I am pleased to advise that I am the honoree of the James B. Boskey Award as “2018 ADR Practitioner of the Year.”  The Dispute Resolution Section  of the New Jersey...

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Courts|International|Mediation

Concerns on the New Singapore Convention

Courts|International|Mediation

Concerns on the New Singapore Convention

The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.”  Informally named the “Singapore Convention,” the instrument has been hailed as a long-sought mechanism to give cross-border disputants the confidence that, if they engage in mediation...

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