everal times in the past, I have discussed the need for each party to prepare for mediation for it to be successful. As you may guess, I return to this topic again because I just conducted a mediation that went nowhere fast because plaintiff was not prepared….
The Supreme Court of Mississippi issued a new opinion that sheds light on a topic that doesn’t come up often: when can an arbitration award be modified due to miscalculation? D.W. Caldwell, Inc. v. W.G. Yates & Sons Construction Co., 2018 WL 2146355 (Miss. May 10, 2018).
SCOTUS finally delivered its decision today in Epic Systems Corp. v. Lewis, the consolidated case that addresses whether employers can require employees to give up their right to class or consolidated litigation as part of an arbitration agreement….
Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines. To make matters worse, the higher-ups do what they want, when they want… and then they come to tell you about it just …
From New York, an interesting institutional approach to small-stakes dispute resolution: the Office of Administrative Trials and Hearings (OATH).According to the article, OATH was created in 1979 as an “independent alternative” to internal agency tribunals.
I’ve handled any number of mediations where the parties and counsel view prospects for settlement with optimism. Lately, I’m seeing more and more pre-mediation conferences being held in complicated cases or cases where the prospects of settlement seem less likely.
With respect to whether the daughter was bound by the plain language of the arbitration agreement, the Court had no trouble concluding she was not. The arbitration agreement specifically applied to claims made by authorized users of the account.
I love the ABA Section of Dispute Resolution annual conferences. They always put on a wide array of wonderful sessions and it’s a great time to connect with friends, old and new. As in the past, I am listing some sessions that particularly intrigue me.
Recently I came upon an older article written by Tammy Lenski entitled, “Face to Face negotiation better than e-mail”….
Peter Joy (Washinton University School of Law) has published “The Uneasy History of Experiential Education in U.S. Law Schools,” forthcoming in the Dickinson Law Review and available here. The abstract: This article explores the history of legal education, particularly the rise of experiential learning and its importance.