* Case Studies - ADR Times

Famous Negotiations: Insights from History’s Most Influential Deals

March 29, 2023March 29, 2023 by ADR Times

Negotiation has played a crucial role in human civilization. From tribes bartering goods to modern businesses striking multi-million-dollar deals to governments avoiding starting world wars, good negotiators have been essential for survival, success, and progress. Throughout history, some famous negotiations have changed the world and made headlines. These transactions have uncovered critical insights into different …

How Does An Arbitrator Decide Who To Believe?

May 16, 2023August 1, 2022 by ADR Times

By Eric Epstein It is common at an arbitration hearing for each side to present diametrically different versions of the dispute. This is especially true in cases of sexual harassment in which the accuser tells one story and the accused tells a completely different story. In such cases, it is the Arbitrator’s responsibility to determine …

Incorporating Arbitration Agreements By Reference

October 27, 2020October 27, 2020 by Liz Kramer

In recent months, three federal circuit courts have confronted this question: can a defendant compel arbitration even in the absence of a signed written agreement containing an arbitration clause? The answers were yes, no, and maybe, but the analysis in all three turns on whether the party resisting arbitration should reasonably have known that an arbitration clause was part of the deal.

The Simple Act of Kindness in Mediation

March 7, 2023July 8, 2020 by Mark Fotohabadi

Last weekend was Father’s Day and I took note of two stories that seemed useful in mediation. The first, was on CBS Sunday Morning where the editorial piece reflected upon how student athletes, from Little League through College, end each game, however hard fought, with a handshake and a “high five”.

Mississippi Clarifies When “Evident Miscalculation” Exists To Modify An Arbitration Award

May 16, 2023May 29, 2018 by Liz Kramer

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).

Justice Gorsuch Delivered . . . A Win For Class Arbitration Waivers

May 16, 2023May 24, 2018 by Liz Kramer

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….

Providing For De Novo Review of Award Can Invalidate The Arbitration Agreement

May 16, 2023March 6, 2018 by Liz Kramer

A recent decision from the 10th Circuit shows there is a whole new way to invalidate an arbitration agreement. In Citizen Potawatomi Nation v. Oklahoma, 2018 WL 718606 (10th Cir. Feb. 6, 2018), the court found the arbitration agreement unenforceable….

Un-Vacated: Arbitration Awards Get Whiplash

May 16, 2023January 22, 2018 by Liz Kramer

Two cases recently fit in one of my favorite categories: those awards that get “un-vacated.” These cases went through arbitration, had that arbitration award vacated by a district court, only to have the award later resurrected by an appellate court….

Resistance Or Retaining Shred of Dignity? Kentucky Responds On Kindred

May 16, 2023January 16, 2018 by Liz Kramer

If I had to choose a favorite subset of arbitration cases, it might be the ones that come after SCOTUS remands to a state supreme court. How does a state high court full of accomplished professionals, the cream of the legal crop in their state, respond after the U.S. Supreme Court has found their previous arbitration opinion was flawed….

Tale of Two Arbitrations: Demonstrating The FAA In Flux

May 16, 2023January 11, 2018 by Liz Kramer

Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand for information and analysis. Despite the fact that the Federal Arbitration Act has been around for over 90 years, there are constantly new developments in its interpretation.