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Online Dispute Resolution (ODR): What is it, and is it the Way Forward?
October 17, 2013
Julio César Betancourt, Head of Research & Academic Affairs at the Chartered Institute of Arbitrators, and Elina Zlatanska, Research Assistant at Chartered Institute of Arbitrators, have published an interesting article entitled, Online Dispute Resolution (ODR): What is it, and is it the Way Forward?, 79 International Journal of Arbitration, Mediation and Dispute Management, Issue 3, 2013. In their publication, the authors discuss the role and future of online arbitration, mediation, and other...
October 17, 2013
Julio César Betancourt, Head of Research & Academic Affairs at the Chartered Institute of Arbitrators, and Elina Zlatanska, Research Assistant at Chartered Institute of Arbitrators, have published an interesting article entitled, Online Dispute Resolution (ODR): What is it, and is it the Way Forward?, 79 International Journal of Arbitration, Mediation and Dispute Management, Issue 3, 2013. In their publication, the authors discuss the role and future of online arbitration, mediation, and other...
SCOTUS Set To Hear At Least One Arbitration Case This Term
October 17, 2013
The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years. 2010? Stolt-Nielsen and Rent-a-Center. 2011? Concepcion. 2012? CompuCredit (Okay, that does not qualify as a blockbuster.) 2013? AmEx and Sutter. At this point, SCOTUS has accepted roughly half of the cases it will hear this year, and only one arbitration case is on the docket, with two other petitions having been denied. The case it will hear (on December 2) is BG Group...
October 17, 2013
The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years. 2010? Stolt-Nielsen and Rent-a-Center. 2011? Concepcion. 2012? CompuCredit (Okay, that does not qualify as a blockbuster.) 2013? AmEx and Sutter. At this point, SCOTUS has accepted roughly half of the cases it will hear this year, and only one arbitration case is on the docket, with two other petitions having been denied. The case it will hear (on December 2) is BG Group...
Keys to a Successful Personal Injury Mediation
October 17, 2013
Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process. What this means is that legal practitioners involved in personal injury mediation, both plaintiff and defense, must approach the matter in a different way than they would a business dispute. In essence, they must bring...
October 17, 2013
Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process. What this means is that legal practitioners involved in personal injury mediation, both plaintiff and defense, must approach the matter in a different way than they would a business dispute. In essence, they must bring...
Arkansas Court Orders Arbitration in LegalZoom Case
October 16, 2013
Arkansas' highest court says a lawsuit that accuses an online legal document services company of illegally practicing law in the state...
October 16, 2013
Arkansas' highest court says a lawsuit that accuses an online legal document services company of illegally practicing law in the state...
Spreading ADR Best Practices Around the World
October 16, 2013
Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms in different societies and they continue to evolve and mature. While many of us think of ADR only in a legal and commercial context, some of the most effective systems in the world exist in some of the least developed economies. Systems like conciliation, negotiation and adjudication...
October 16, 2013
Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms in different societies and they continue to evolve and mature. While many of us think of ADR only in a legal and commercial context, some of the most effective systems in the world exist in some of the least developed economies. Systems like conciliation, negotiation and adjudication...
Corpus Christi COA Affirms Temporary Injunction Pending Arbitration
October 16, 2013
The Corpus Christi Court of Appeals has affirmed a temporary injunction pending arbitration in a natural gas pipeline dispute. ...
October 16, 2013
The Corpus Christi Court of Appeals has affirmed a temporary injunction pending arbitration in a natural gas pipeline dispute. ...
Rules Update: Improved AAA Commercial Rules; NAF Rules Not An Obstacle To Enforcing Arbitration
October 16, 2013
On October 1, new Commercial Arbitration Rules became effective at the American Arbitration Association (AAA). These rules are likely to apply to all commercial arbitrations filed on and after October 1 (unless an arbitration agreement specifically provides for old rules). The AAA posted its own summary of the changes. Four of the most notable include: Greater specificity about allowable discovery, as well as clear authority for arbitrators to enforce discovery orders or sanction those...
October 16, 2013
On October 1, new Commercial Arbitration Rules became effective at the American Arbitration Association (AAA). These rules are likely to apply to all commercial arbitrations filed on and after October 1 (unless an arbitration agreement specifically provides for old rules). The AAA posted its own summary of the changes. Four of the most notable include: Greater specificity about allowable discovery, as well as clear authority for arbitrators to enforce discovery orders or sanction those...
Planned Early Dispute Resolution Resources
October 16, 2013
Readers might be interested in taking a look at the User Guide and other resources developed by the Planned Early Dispute Resolution Task Force of the ABA Section of Dispute Resolution, which was co-sponsored by the AAA, CPR, and JAMS. The User Guide, largely reflecting the work of Task Force Chair John Lande of the University of Missouri School of Law, is designed to help businesses plan for and manage disputes at the earliest appropriate time. It includes a podcast describing how lawyers...
October 16, 2013
Readers might be interested in taking a look at the User Guide and other resources developed by the Planned Early Dispute Resolution Task Force of the ABA Section of Dispute Resolution, which was co-sponsored by the AAA, CPR, and JAMS. The User Guide, largely reflecting the work of Task Force Chair John Lande of the University of Missouri School of Law, is designed to help businesses plan for and manage disputes at the earliest appropriate time. It includes a podcast describing how lawyers...
Seminar on Short Trial Program Scheduled for Nevada Federal Court
October 15, 2013
The U.S. District Court for the District of Nevada will hold a CLE seminar on its new short trial pilot program on October 9. The pilot promises an expedited trial —both early and short—in civil cases. Short trial rules (pdf) control the length of the trial, including restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence. Among the short trial benefits are a firm trial date and lower litigation costs. The District of Nevada is one of a growing...
October 15, 2013
The U.S. District Court for the District of Nevada will hold a CLE seminar on its new short trial pilot program on October 9. The pilot promises an expedited trial —both early and short—in civil cases. Short trial rules (pdf) control the length of the trial, including restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence. Among the short trial benefits are a firm trial date and lower litigation costs. The District of Nevada is one of a growing...
US Supreme Court Denies Certiorari in Two Arbitration-related Cases
October 15, 2013
On October 7, 2013, the United States Supreme Court denied certiorari to the following cases concerning arbitration, Bakoss v. Certain Underwriters at Lloyds of London Issuing Certificate No. 0510135, 707 F.3d 140 (2d Cir. 2013) and Kramer v. Toyota Motor Corp., 705 F.3d 1122 (9th Cir. 2013). Bakoss concerns the definition of “arbitration” under the Federal Arbitration Act (FAA) and state law, whereas Kramer involved an attempt by a nonsignatory to an arbitration agreement to compel arbitration....
October 15, 2013
On October 7, 2013, the United States Supreme Court denied certiorari to the following cases concerning arbitration, Bakoss v. Certain Underwriters at Lloyds of London Issuing Certificate No. 0510135, 707 F.3d 140 (2d Cir. 2013) and Kramer v. Toyota Motor Corp., 705 F.3d 1122 (9th Cir. 2013). Bakoss concerns the definition of “arbitration” under the Federal Arbitration Act (FAA) and state law, whereas Kramer involved an attempt by a nonsignatory to an arbitration agreement to compel arbitration....
