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News & Developments »

What Is the Remedy for Breaching a Mediation Confidentiality Clause?

The ruling after affidavits citing statements made in mediation were submitted to the court.


Arbitration Claims Down at National Futures Association

Statistics published by the NFA show claims have decreased sharply in the past five years.


Developing Business: Mediation as an Opportunity

How can conflict at home benefit you at work?


Articles »

Pre-Award Removal of an Arbitrator

By Sheila J. Carpenter

Recusals may be easier to obtain in arbitration than in a courtroom, but judicial assistance in removing an arbitrator is rare. Recently, two courts have taken that unusual step.

Arbitrability of Preclusive Effect of Prior Confirmed Award

By Monique Sasson

The First Circuit shines a guiding light on whether the preclusive effect of a prior arbitration is arbitrable. It is, including in circumstances where the first award has been confirmed by a federal court order.

Do Arbitration Clauses Survive Termination of the Contract?

By Clarence Westbrook

In a case of first impression, the Sixth Circuit determined that the parties' omission of the arbitration clause from the survival clause did not constitute a "clear implication" or "positive assurance" that the parties intended the arbitration clause to have no post-termination effect.


Sound Advice »

audio 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!

audio 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 »

February 3, 2015: ABA Section of Dispute Resolution—SAVE THE DATE!

Registration for the ABA Section of Dispute Resolution’s Webinar “What is the Relevance of the Joint Opening Session in Today’s Commercial Mediation Process” is now open.


AAA and DecisionQuest Announce New Online Tool for Arbitration Case Analysis

CaseXplorer Arbitration, an online tool that enables users to get an objective evaluation of the strength of their arbitration case, is now available from the American Arbitration Association and DecisionQuest.


Illinois Creates Mandatory Arbitration Program for Commercial Cases

Slated to begin early 2015, Illinois Circuit Court Judge Thomas R. Mulroy has created the program for cases with less than $75,000 in dispute.


Alternative Dispute Resolution Leadership

Cochairs Web Editors Newsletter Editor
Louis Burke

New York, NY

Carlos Rodríguez-Vidal

San Juan, Puerto Rico

Bruce Rubin

Portland, OR

Mitchell L. Marinello

Chicago, IL

Christopher S. Moore

Chicago, IL

P. Jean Baker

Washington, D.C.