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American Bar Association

  Alternative Dispute Resolution
Practice Points »

Two Lawsuits, Two Years, and an Appeal Are Not Enough to Waive Arbitration

The right to arbitrate may not be lost, despite engagement in lengthy litigation.


Ignoring an Arbitration Proceeding Is No Protection Against an Adverse Award

Choosing not to participate will not stop the other party from arbitrating.


Federal Court Denies Motion to Compel Arbitration

Veteran sues for violations of the Fair Debt Collection Practices Act.



Articles »

Clawback Suits Are Not Categorically Exempt from Arbitration under FAA

By Quinton M. Herbert

Absent clear and unambiguous conflict, courts should enforce arbitration agreements.


An Arbitrator's Duty to Be On Time

By Marcia L. Adelson and Joan D. Hogarth

Texas court declined to consider other reasons when it vacated an arbitration award due to its being issued late.


A "Reasoned Award" Requires That the Reasoning Be Expressed

By Sara Kula

Arbitration remanded back to the arbitrator due to written award not meeting the "reasoned award" standard.


Sound Advice »

audio Arbitration and Mediation in Securities and Commodities Cases

By Louis F. Burke

As fewer cases go to trial, more lawyers are developing their skills of ADR. Louis Burke explains how securities and commodities use ADR in ways that are unique to many other areas of the law. (15:17 min)

audio Jury Verdict Surveys

By Bruce Rubin

Longtime litigator and expert witness Bruce Rubin shares why using survey results of comparable settlement cases is not always the best way to determine the numbers. (17:30 min)


audio Unilateral Arbitration Provisions

By Neal M. Eiseman

Though arbitration agreements are now fairly common, unilateral arbitration provisions are not.  Listen to Neal Eiseman explain the difference and how, if possible, to obtain an unilateral arbitration agreement for your clients. (06:05 min)


Announcements »

November 10, 2015: ABA Section of Litigation—SAVE THE DATE!

Registration for the fifth part of a six-part webinar series "The Arbitration Award, Remedies and Post Award Process" is now open.


November 23, 2015: ABA Section of Litigation—SAVE THE DATE!

Registration for the webinar “The December 1, 2015 Amendments to the Federal Rules of Civil Procedure” is now open.


December 8, 2015: ABA Section of Dispute Resolution—SAVE THE DATE!

Registration for the CLE course on "Ethical Aspects to Consider While Building an Arbitration Practice" is now open.

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.

Slight Increase in NFA Claims

The National Futures Association reports that it has seen a slight increase in claims for the first half of 2015 compared to last year.



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.