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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Courts|Mediation

"Good Faith or No Faith?"

Courts|Mediation

"Good Faith or No Faith?"

I had the recent privilege of interviewing Lord Harry Woolf of Barnes, former Master of the Rolls and Lord Chief Justice of England and Wales.  We touched on the seminal Halsey Case, which levied costs against a party that had prevailed, but had unreasonably refused to mediate as urged by...

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Conflict Resolution|Human Rights|Teaching

Rutgers Law Students Get It

Conflict Resolution|Human Rights|Teaching

Rutgers Law Students Get It

My friend and colleague Jonathan Hyman asked me to visit his ADR Survey class at Rutgers Law School a few weeks ago.  Teams within the class had been assigned special topics to study and then present to the larger group, and one team was concentrating on the Corporate/Community Dialogue films...

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