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National Roundtable on Consumer/Employment Dispute Resolution
One of the most interesting sessions at the ABA Dispute Resolution meeting in Washington was a report on an initiative of the Straus Institute at Pepperdine and the Dickerson School of Law at Penn...
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You Weren't Fired Then, But You Are Now!
Several list serves and correspondents have taken note of the July 26, 2013 decision of the Seventh Circuit Court of Appeals in the matter Benes v. A.B. Data, Ltd. The opinion, authored by Chief Judge...
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"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...
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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...
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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...
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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...
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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...
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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...
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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...
View ArticlePrevalence of Employment Arbitration is Measured
Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes. Alexander J.S. Colvin of the Economic Policy Institute in Washington, D.C., has concluded...
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