The Ninth Circuit Court of Appeals has upheld an employer’s dispute resolution agreement despite that portions of the provision were unconscionable and it prohibited workers from engaging in collective action.
Continue reading...James P. Nehf, Professor of Law and Cleon H. Foust Fellow at Indiana University’s Robert H. McKinney School of Law, has published “The Impact of Mandatory Arbitration on the Common Law Regulation of Standard Terms in Consumer Contracts,” 85 Geo. Wash. Law Review (2017).
Continue reading...Two Houston law schools have reportedly resolved an ongoing naming dispute through formal mediation.
Continue reading...Thomas Stipanowich, Academic Director for the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at Pepperdine University School of Law, and Veronique Fraser, Group for the Prevention and Resolution of Disputes (G-PRD) and Assistant Professor of Law at the University of Sherbrooke, have published “The International Task Force on Mixed Mode Dispute Resolution: Exploring the Interplay between Mediation, Evaluation and Arbitration in Commercial Cases,” Fordham International Law Journal, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2017/4.
Continue reading...The Global Pound Conference (“GPC”) Series is collecting votes from dispute resolution community stakeholders regarding “how to shape the future of commercial dispute resolution and improve access to justice in the 21st century.”
Continue reading...Karl came across this interesting comment by Jose Antonio Garcia Alvaro, posted at the ADR Resources Dispute Resolution and Mediation LinkedIn Group. I just received and read the 2009 statistical report of the Arbitration Institute of the Stockholm Chamber of Commerce, an institution that ranks among the best in the world according to several surveys. http://www.sccinstitute.se/filearchive/3/31104/SCC_Statistical_Report_2009.pdf As you will see, of 225 cases filed last year with the SCC, only 3 were resolved through mediation. That’s negligible. At ADR Resources, we follow worldwide trends on arbitration and mediation. Over the past five years numerous reports have indicated that the international business community was ready to shift from an “arbitration-only” scenario, to a growing use of mediation, a growing use of a multi-tier approach to resolve commercial disputes. It all appears to be a case of intentions, not deeds –lip service, if you will. When it comes to drafting international commercial contracts, arbitration reigns supreme as the preferred ADR method by far thus far. There is no “growing” use of mediation to levels that would suggest even a slight shift to mediation to resolve international business disputes. Now, why? Not enough experienced mediators out there in this whole, big world? An entrenched sense that binding arbitration is best when it comes to resolving international commercial disputes? Not enough work on the part of ADR organizations to promote the use of mediation in “big-time” international commercial transactions? A bit of “all of the above”? We would like to know your comments about this post!
Continue reading...Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.
Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.