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Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part IV
April 30, 2014
While ODR has its roots in North America,[1] the process is taking off internationally. Scholars have written articles on the expansion of ODR in Europe, Australia, Asia, Latin America, and Africa.[2] A big draw for ODR is its ability to solve disputes despite vast geographical distances, making it a prime candidate for the resolution of international disputes. Much of the focus devoted to ODR by providers has been on international case management (e.g. AAA, CPR). As mentioned before, CPR has joined...
April 30, 2014
While ODR has its roots in North America,[1] the process is taking off internationally. Scholars have written articles on the expansion of ODR in Europe, Australia, Asia, Latin America, and Africa.[2] A big draw for ODR is its ability to solve disputes despite vast geographical distances, making it a prime candidate for the resolution of international disputes. Much of the focus devoted to ODR by providers has been on international case management (e.g. AAA, CPR). As mentioned before, CPR has joined...
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part III
April 30, 2014
Online Dispute Resolution, naturally, exists online. Attempting a general Internet search for ODR providers will provide a potentially overwhelming amount of results. Currently, over 60 academically recognized ORD providers exist.[1] Fair consideration cannot be given to each provider of online dispute resolution, but an examination of a few examples reveals how the process operates. Major Arbitration Providers and ODR services In the world of Alternative Dispute Resolution, the American Arbitration...
April 30, 2014
Online Dispute Resolution, naturally, exists online. Attempting a general Internet search for ODR providers will provide a potentially overwhelming amount of results. Currently, over 60 academically recognized ORD providers exist.[1] Fair consideration cannot be given to each provider of online dispute resolution, but an examination of a few examples reveals how the process operates. Major Arbitration Providers and ODR services In the world of Alternative Dispute Resolution, the American Arbitration...
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part II
April 30, 2014
Online Dispute Resolution means exactly what it says: it is a method of resolving disputes through the use of an “online”...
April 30, 2014
Online Dispute Resolution means exactly what it says: it is a method of resolving disputes through the use of an “online”...
Online Dispute Resolution: An Amorphous Concept, Yet an Effective Tool Part I
April 30, 2014
Technology is becoming an ever more integrated part of society, playing a role—or at the very least touching—nearly every aspect of daily life. The world of arbitration is no exception to this phenomenon. Parties are increasingly taking advantage of online dispute resolution (ODR) to resolve issues. This is not particularly surprising, as the world of alternative dispute resolution is growing and people are looking for faster, cheaper, easier ways to solve their problems. Online Dispute...
April 30, 2014
Technology is becoming an ever more integrated part of society, playing a role—or at the very least touching—nearly every aspect of daily life. The world of arbitration is no exception to this phenomenon. Parties are increasingly taking advantage of online dispute resolution (ODR) to resolve issues. This is not particularly surprising, as the world of alternative dispute resolution is growing and people are looking for faster, cheaper, easier ways to solve their problems. Online Dispute...
During the “Lean” Years, Will Legal Scholarship Become More Practice Oriented?
April 29, 2014
Professor Orin Kerr (George Washington) opines in this post at the Volokh Conspiracy (courtesy of the Washington Post)...
April 29, 2014
Professor Orin Kerr (George Washington) opines in this post at the Volokh Conspiracy (courtesy of the Washington Post)...
Fifth Circuit Refuses to Reconsider D.R. Horton v. NLRB Decision
April 29, 2014
Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law. In D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013), a divided appeals court reversed the National Labor Relations Board’s (NLRB) decision that the compulsory agreement violated the workers’ right to collective...
April 29, 2014
Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law. In D.R. Horton v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013), a divided appeals court reversed the National Labor Relations Board’s (NLRB) decision that the compulsory agreement violated the workers’ right to collective...
Three Lessons on Appealing from Arbitrations
April 29, 2014
Three decisions came out recently that offer guidance on appealing from arbitration awards. Here are three pearls of arbitration...
April 29, 2014
Three decisions came out recently that offer guidance on appealing from arbitration awards. Here are three pearls of arbitration...
Visual Law Services Are Worth a Thousand Words—And Big Money
April 29, 2014
To eliminate the guesswork from settlement negotiations, San Antonio, Texas, mediator Don Philbin developed Picture It Settled,...
April 29, 2014
To eliminate the guesswork from settlement negotiations, San Antonio, Texas, mediator Don Philbin developed Picture It Settled,...
Some Thoughts On General Mills’ Move To Mandate Arbitration And Waive Class Actions
April 29, 2014
Class action waivers are undergoing a renaissance following the Supreme Court’s recent decisions in Wal-Mart v. Dukes and AT&T v. Concepcion. With the green light from the Supreme Court, more companies are adopting class action waivers in a wider range of circumstances. What’s unusual about General Mills’ move is that we haven’t seen such a broad-based waiver from a consumer packaged goods company. Most consumer packaged goods companies don’t have a direct relationship with their...
April 29, 2014
Class action waivers are undergoing a renaissance following the Supreme Court’s recent decisions in Wal-Mart v. Dukes and AT&T v. Concepcion. With the green light from the Supreme Court, more companies are adopting class action waivers in a wider range of circumstances. What’s unusual about General Mills’ move is that we haven’t seen such a broad-based waiver from a consumer packaged goods company. Most consumer packaged goods companies don’t have a direct relationship with their...
Turning Negative Feedback Into a Positive
April 28, 2014
Feedback is everywhere. Not just in the form of professional performance reviews and unwanted comments from your parents, children and partners. Social media and review sites have unleashed the critic in us all. Eating a meal out? Post what you think of the food and waiters on a review site while still at the table. If you are reading this review online, you can leave a comment below saying just how wrong I am. We may not be able to exert complete control over what someone else thinks of us, but we can certainly...
April 28, 2014
Feedback is everywhere. Not just in the form of professional performance reviews and unwanted comments from your parents, children and partners. Social media and review sites have unleashed the critic in us all. Eating a meal out? Post what you think of the food and waiters on a review site while still at the table. If you are reading this review online, you can leave a comment below saying just how wrong I am. We may not be able to exert complete control over what someone else thinks of us, but we can certainly...
