Online dispute resolution can be a useful tool when facing a dispute where it is difficult or impossible to get the parties together to participate in dispute resolution. Online dispute resolution takes a variety of dispute resolution mechanisms and uses technology to help achieve a resolution online. It primarily focuses on negotiation, mediation, and arbitration, …
One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof. Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …
Undoubtedly, most arbitration agreements call for a single arbitrator. But some agreements call for a panel of three sometimes called a tripartite panel. The tripartite arbitration panel is not a new concept. President George Washington will reportedly be called for the appointment of a three-arbitrator panel in the event of a dispute about his estate. …
Jewish mediation has a long tradition within the religion. The tradition values peace and law together and sees the value of treating disputes with care and consideration for the other party. Judaism sees the value that compromise may add to a dispute, but also understands that there are certain limitations on mediations. Because of this, …
In the early stages of a case, the parties may find out that they are required to attend a meeting called a case management conference. A case management conference is the first step in moving the case forward and gives the judge and the parties the chance to see what the case is about and …
Mediation has been on the ascent in resolving disputes short of trial over the past decade. In this COVID age of closed trial courts and uncertain trial dates, mediation provides an opportunity to obtain a fair resolution in a timely manner.
James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.
The Americans With Disabilities Act (ADA) requires covered employers to grant reasonable accommodations to those otherwise qualified employees who are able to complete the essential functions of the job with or without reasonable accommodation. The employer may negate the duty by showing that the only possible reasonable accommodations impose an undue hardship on the employer.
Asking questions is one of the most powerful – and often misused – tools for professionals in dispute resolution settings, whether legal, workplace, mediation or anywhere. When you are dealing with high-conflict clients, it is especially important to consider the timing of different types of questions and also to know what questions you should never ask.
On Friday, September 18, Supreme Court Justice Ruth Bader Ginsburg passed away at age 87 (1933-2020). I was still working (remotely) when I heard the news. The group texts began to slowly roll in. The news alerts started popping up on my phone. A friend called and we commemorated the life of “Notorious RBG” and …