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American Bar Association

  Alternative Dispute Resolution
Practice Points »

Federal Court Affirms Partial Stay of Discovery

The case emphasizes the importance of fully thinking through one's litigation strategy—including its risks—before taking action.


Supreme Court Upholds Class Action Arbitration Waiver

Concepcion had invalidated the California statute at issue on the ground that it was preempted by the FAA.


Governor Brown Vetoes California Bill Prohibiting Arbitration of Employment Claims

An example of the state's hostility towards arbitrating in the consumer context.



Articles »

Essential Attributes of an Effective Mediator

By Edmund J. Sikorski, Jr.

Impasse avoidance techniques in monetary claims.


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.


 
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 »

January 28, 2016: ABA Section of Dispute Resolution—SAVE THE DATE!

Registration for the presentation “SCOTUS Has Spoken: Arbitration Clauses in the Wake of DirecTV v. Imburgia” is now open.


February 9, 2016: ABA Section of Dispute Resolution—SAVE THE DATE!

Registration for the webinar "What is the Relevance of the Joint Opening Session in Today’s Commercial Mediation Process?" is now open.


February 19–20, 2016: AAA/ICDR Arbitration Conference

Mitchell L. Marinello and Anthony M. DiLeo will speak on “The Outer Limits of Arbitral Jurisdiction: Who Decides and When?” at the event in New Orleans.


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.


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.