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News & Developments »

Arbitrator's Research Ruled Not Prejudicial

Hawaii district court confirms award reinstating terminated employee but finds back pay to be outside contract's essence.

Mediation and the Federal Arbitration Act

Is the FAA adressing all forms of ADR?

Arbitrators' Undisclosed Concurrent Service Not Indicative of Bias

Court finds undisclosed concurrent service of arbitrators in similar arbitrations was not sufficient to vacate award.

Articles »

Pattern-or-Practice Constitutes a Method of Proof and Not a Substantive Claim

By Jerome F. Crotty

A plaintiff bringing an action on behalf of herself and a putative class of similarly-situated women does not have the right to pursue a class arbitration under Title VII and New York City's Human Rights Law.

What Constitutes Waiver of a Right to Arbitrate under the FAA?

By Regina Pepe Martorana and Christina Ryfa LoConte

Courts differ in determining whether a party has relinquished the right to compel arbitration, but prejudice to the nonmoving party is a common factor.

Federal Arbitration Act Reigns Supreme

By Robert Knuts

U.S. Supreme Court takes Oklahoma court to task for its effort to block arbitration proceeding.

Sound Advice »

Lawyering with Planned Early Negotiations

By John Lande

Hear law professor and author John Lande outline the advantages of working closely with opposing counsel—before and during a trial. Despite attorney fears of appearing weak this type of strategy often serves both the attorneys and their clients. (11:28 min) Save 20% when you purchase the book!

Settlement Counsel—It Just Makes Sense

By Eric O. English and Paul Genender

Eric English and Paul Genender describe the use of settlement counsel during trials. Although they are not always needed, hiring settlement counsel can make life easier for the trial counsel and may help your client achieve their desired outcome. (11:28 min)

Announcements »

New FL Code Expands an Arbitrator's Authority

Florida passed the Revised Florida Arbitration Code, effective for contracts entered into on or after July 1, 2013.

A New Tool in Drafting Arbitration and Mediation Agreements

The American Arbitration Association announced that its website is offering an online arbitration and mediation tool called ClauseBuilder. Read more.

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