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American Bar Association

  Alternative Dispute Resolution
Practice Points »

Can Courts Enforce Contractual Mediation Provisions?

Prior decisions held they couldn't order parties to mediate under the FAA because it's not covered by the statue.


Suit Challenges Dept. of Labor Regulations

The lawsuit was over the regulations regarding fiduciary conflict of interest rules for retirement plans.


Seventh Circuit Holds Panel Exceeded Its Authority

Seventh Circuit reverses its decision upholding an arbitration award.



Articles »

Eleventh Circuit Makes Vacatur Challenges More Difficult

By Jaya Sharma

A cautionary note for counsel seeking to challenge enforcement of an award and a road map for how to conduct a bulletproof arbitration.


Third-Party Discovery in Arbitration: Between a Rock and a Hard Place

By Anthony J. Rospert

Arbitration rules do provide some means to secure the information necessary to prosecute your case.


Chipping Away at the Enforceability of Class Waivers Requiring Arbitration of Employment Claims

By Carolyn G. Burnette

"Iskanian rule" affirmed, invalidating action waivers requiring individual arbitration of Private Attorneys General Act claims.

Sound Advice »

audio Integral Part Exception and Compelling Arbitration

By Stuart M. Boyarsky

Boyarsky talks on the integral part exception to section 5 of the FAA, including a discussion of the December 2015 cert petition in Golden Living Center v. Wert. (9:22 min)


audio Expected Imp act 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)


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 »

September 21, 2016: Section of Dispute Resolution—SAVE THE DATE!

Registration for the CLE webinar, "Reflective Practitioner Group for Mediators: A New Way to Come Together," is now open.


September 27, 2016: Section of Dispute Resolution—SAVE THE DATE!

Registration for the Section of Dispute Resolution program “Arbitration Case Law-Annual Update Webinar” is now open.


September 30, 2016: Section of International Law—Save the Date!

Registration for ABA Section of International of Law 8th Annual Conference on the Resolution of CIS-Related Business Disputes is now open.


American Bankers Association Submits Comments to CFPB's Proposed Rules

The Associations believe that the rule is not in the public interest or for the protection of consumers, and it is not consistent with the Bureau’s March 2015 Empirical Study of consumer arbitration.


FINRA Proposed Rule Change to amend FINRA Rules 12504 (Customer Code) & 13504 (Industry Code)

On August 3, 2016, FINRA filed with the SEC a proposed rule change to amend FINRA Rule 12504 of the Code of Arbitration Procedure for Customer Disputes and FINRA Rule 13504 of the Code of Arbitration Procedure for Industry Disputes.


AAA Launches AAA À La Carte Services

The AAA’s À La Carte Services do not require end-to-end case administration, but permit parties to use various services as stand-alone procedures.


ADR Committee Launches Two New Subcommittees

The ADR Committee is very proud to announce the formation of two new Subcommittees: the Women in Dispute Resolution Committee and the Dispute Counseling and Advocacy Committee.


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.


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.


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.