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Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By Lawrence W. Newman and David Zaslowsky | December 12, 2023
International arbitrations often involve large amounts of money concerning, on occasion, indications of illegality, including criminal activity. What arbitrators can and should do when they have some awareness of such illegal activity has recently become the subject of commentaries and analyses.
8 minute read
By Abraham J. Gafni | December 11, 2023
What happens when a company purchases all the assets and liabilities of its predecessor? Does it thereby acquire the right to enforce a mandatory arbitration agreement the predecessor had with its employees?
7 minute read
By Kelly K. James | December 11, 2023
A new approach—offering employees resolution sessions with an outside neutral, or facilitator—gives employees an effective technique for addressing conflict.
6 minute read
By Alex Anteau | December 8, 2023
The trial court rejected a motion to compel arbitration but sent the matter straight up the appellate ladder. The judge said it was uncertain whether the firm was registered to practice in Georgia.
5 minute read
By Michael J. Eshman | December 8, 2023
Here is my list of Seven Dirty Words at Mediation and why I believe that we should carefully consider whether and when to use these words.
6 minute read
By Colleen Murphy | December 7, 2023
"MicroBilt's arbitration provision, including the AAA rules that it incorporates, does not condition [the plaintiff's] return to court on the AAA's decision being correct, or even reasonable. That is the deal the parties struck," the court ruled.
5 minute read
By Christopher "Smitty" Smith | December 7, 2023
As a mediator, I certainly draw on my experience as a football and lacrosse coach, and I have found there are many parallels between a successful team and a successful mediation. Here are some of the coaching skills that I have found effective in the mediation context.
5 minute read
By Alex Anteau | December 6, 2023
Appellee counsel argued the appellants purposefully complicated things by going into the arbitration while one of them had a pending bankruptcy.
5 minute read
By Colleen Murphy | December 6, 2023
"We are nevertheless satisfied these facts do not warrant deviation from the principles we have discussed, as our interpretation of the Rules confirms a party seeking a trial de novo should base their decision on the actual award filed with the court, not an arbitrator's oral representations prior to filing the written award," the opinion said. "As noted, a variety of circumstances could lead to differences between the two."
5 minute read
By Rhys Dipshan | December 6, 2023
The AAAi Lab will include guidance on AI and ADR and update users on the AAA's own work with AI, among other things.
3 minute read
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