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American Bar Association

  Alternative Dispute Resolution
Practice Points »

The Mediation Privilege: Grubaugh v. Hon. Blomo, County Of Maricopa et al

The case addresses limits of mediation confidentiality and highlights a jurisdictional split.

 

Do the AAA Commercial Rules Authorize an Award of Attorney's Fees?

The penalized party argues that there was no such provision in the contract.

 

Second Circuit Reinstates Brady's Suspension

The penalty was for his alleged involvement in deflating footballs in the AFL championship game.



Articles »

Has the CFPB Asked the Right Questions about Consumer Arbitration?

By Lisa Renee Pomerantz

A look at the fundamental weaknesses in the suggestion that class action litigation is the best mechanism for resolving consumer complaints.

 

The Legal Landscape of Class Arbitration Waivers in Consumer Contracts

By Alvaro J. Peralta

Key questions remain after Italian Colors and in light of rules proposed by the CFPB and congressional legislation.

 

Third Circuit Rules No Second Bite at the Arbitration Apple

By Sarah Espinosa

Don't wait until after an award is issued to investigate or allege arbitrator malfeasance if such information could be discovered prior to the award.


 
Sound Advice »

audio Expected Impact of the Trans-Pacific Partnership

By Harout Samra

Listen as Harout Samra discusses the recent and surprising developments with regard to the T.T.P. and the sweeping changes in how investors state disputes are going to be resolved. (7:34 min)


audio Opportunities Through Paradoxes

By Bernie Mayer

Too often people view conflict as an either-or proposition. Professor and author Bernie Mayer describes seven key polarities that can all lead to conflict resolution—not simply a "winner" and a "loser." (11:24 min)

 

audio Tips on Taking Depositions with an Interpreter

By John Pinney

Litigation today is more global, resulting in an increase of non-English speakers as part of the process. Listen as John Pinney gives some best practices for how to take a deposition with an interpreter. (11:29 min)

 

Roundtables »

audio How to Work with an Expert in Mediation: Practice Tips from the Mediator, Expert, and Lawyer

Presented by the Alternative Dispute Resolution and Securities Litigation Committees
We know that in complex commercial litigation choosing the correct expert is an essential step in putting your case together. What happens when you mediate the resolution of your case? Under what circumstances should you bring your expert to the mediation? This practical Roundtable will explore the various ways of using your expert in connection with mediating the settlement of your case. Join us for a lively discussion between seasoned litigators, an expert and a mediator on this important issue. (56:25 min)

 
Announcements »

May 27, 2016: SIAC Congress Week Event

Registration for Singapore International Arbitration Centre (SIAC) Congress program is now open.

 

June 2–3, 2016: Section of Litigation and Dispute Resolution—SAVE THE DATE!

Registration for the Section of Litigation and Dispute Resolution Ninth Annual Arbitration Training Program is now open.

 

Dept. of Education Proposes to Bar Arbitration in For-Profit Schools

According to the Huffington Post, on March 11, 2016, the U.S. Department of Education proposed regulations that would bar pre-dispute arbitration agreements covering for-profit educational institutions.

 

May 3, 2016: CFPB Issues Proposed Rule

CFPB recently issued a proposed rule for comments that would prohibit mandatory arbitration clauses that deny groups of consumers the option of filing class actions.

 

CFPB Director Cordray Discusses Arbitration Provisions

Read the director's speech about the effects on consumers of mandatory pre-dispute arbitration clauses and the steps the CFPB is taking to mitigate what they believe are harmful effects of these clauses.


FINRA Releases December 2015 Statistics

According to the statistics there is a decrease in new case filings compared to December 2014.

 

CA Governor Brown Vetoed a Bill Prohibiting Arbitration of Employment Claims

Most studies show that arbitration is faster and less expensive than litigation.


CFPB Proposed Rules

Earlier in October 2015 the Consumer Financial Protection Bureau (CFPB) proposed a rule that will ban arbitration clauses that block group lawsuits so that consumers can take companies to court to seek relief from “free pass” arbitration clauses.


AAA's Revised Construction Arbitration Rules and Mediation Procedures

The American Arbitration Association has revised the Construction Arbitration Rules and Mediation Procedures effective July 1, 2015.


 


Alternative Dispute Resolution Leadership

Cochairs Web Editors Newsletter Editor

Louis Burke

New York, NY


Tiffani Lee

Miami, FL


Harout Jack Samra

Miami, FL

Mitchell L. Marinello

Chicago, IL


Christopher S. Moore

Chicago, IL


P. Jean Baker

Washington, D.C.