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|Mediation|United States

New York’s Global Pound Conference

Arbitration|Conflict Resolution|Mediation|United States

New York’s Global Pound Conference

A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.  Of all the many institutions and volunteers who were responsible for this success, the International Mediation Institute takes the...

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Arbitration|Mediation

ADR Legislative Update

Arbitration|Mediation

ADR Legislative Update

Larson Frisby of the American Bar Association recently prepared an informative memo updating the pending federal legislation and regulations that pertain to mediation and arbitration.  The memo was presented at the ABA Dispute Resolution Section Council meeting in August and is well worth serious study.  It is posted on the...

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Arbitration|Courts

Boiling Down Consumer Arbitration

Arbitration|Courts

Boiling Down Consumer Arbitration

By now I've attended or participated in quite a few task forces, speeches, conference panels and other occasions in which the issue of class action waivers in consumer arbitration clauses has been discussed.  Just about each time, just about each speaker has been either smarter or better informed than I...

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Uncategorized

ABA Business Law Meeting Features CFPB Panels

Uncategorized

ABA Business Law Meeting Features CFPB Panels

The upcoming Annual Meeting of the ABA Business Law Section in Boston (Sept. 8-10) features two opportunities to understand the various perspectives on recently promulgated proposed rules of the Consumer Financial Protection Bureau.  The rules, if they become effective, would (among other things) render unenforceable provisions of consumer agreements that...

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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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Conflict Resolution|International

“Procedural” Apology

Conflict Resolution|International

“Procedural” Apology

Richard Nixon was responsible for many teaching moments. One of my favorites is the advance in American appreciation of the difference between the passive voice ("Mistakes were made") and the active voice ("I made mistakes") that was offered by his press secretary, and echoed by other presidents. A recent paper by...

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