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News & Developments »

Mediation Agreement Not Unconscionable

The court left the door open to a finding of unconscionability if, in a particular case, it could be shown that the mediation fees created an unreasonable financial burden.


SCOTUS Denies Writ Re Manifest Disregard

It is entirely discretionary for the Supreme Court to grant or deny certiorari, and the Court usually does not explain the reason for its decision.


FINRA Award Confirmed Where Bias of Industry Arbitrator Not Proven

A Tennessee trial court vacated a FINRA panel's arbitration award because it found evident partiality on the part of one of the panel members, a "non-public" arbitrator.



Articles »

When the Arbitration Forum Is Unavailable: What Happens Next?

By Christopher J. Karacic and Howard S. Suskin

When arbitration forums fail, should courts appoint substitute arbitrators or excuse parties from their obligations to arbitrate?


Determining Arbitrability when the Relationship Between Parties Is Governed by Multiple Agreements

By Michael J. Miles, Esq.

How do courts determine whether and how to enforce arbitration between parties with contractual relationships?


The Question of U.S. Enforcement of Annulled Foreign Arbitral Awards

By Monique Sasson

The Southern District of New York granted a motion to confirm a foreign award that was set aside in Mexico by the courts of the seat of the arbitration proceeding.



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 »

SAVE THE DATE: June 6–7, 2014, ABA Section of Dispute Resolution Training

This limited capacity training will provide you with a unique learning environment and industry contacts you will sustain throughout your career.


Noah J. Hanft Appointed New President and CEO of CPR

The International Institute for Conflict Prevention and Resolution has announced a new President and CEO of CPR.


 

Alternative Dispute Resolution Leadership

Cochairs Web Editors Newsletter Editors
Bruce Rubin

Portland, OR


Carlos Rodriguez Vidal

San Juan, Puerto Rico


Mitchell L. Marinello

Chicago, IL


Christopher S. Moore

Chicago, IL


P. Jean Baker

Washington, D.C.


Peter A. Scarpato

Yardley, PA


Neal D. Gidvani

Las Vegas, NV