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 …
If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case. Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …
Whether or not to use boilerplate language in a contract is a question that is often considered in contract negotiation. However, it can be difficult to determine what the best boilerplate language is to include. There will also be situations where one of the parties is unaware of what boilerplate language is and how it …
In our international world, there may come a time when two parties need to create an international nondisclosure agreement or NDA. This scenario may arise for a variety of reasons, but when it does, the parties want to ensure that their information and understanding stays between them. When this is the case, the parties may …
By Angela Romero Valedón and Sarah Burris Clayton. Introduction As part of the American Arbitration Association®’s (AAA) continued efforts to keep arbitration efficient and cost-effective, it formalized what had been somewhat common practice by adding an optional “feature” to its case administration. The Streamlined Three-Arbitrator Panel Option, which AAA added as an option for Commercial …
Sixty or seventy years ago, “I’ll see you in court” meant that it was likely we were taking our dispute before a judge or jury for trial. But as Professor Marc Galanter has repeatedly pointed out, the American trial has been vanishing for decades. The causes of the trial’s disappearance are multiple, but cost and …
A child support mediator can help parents agree on what is often one of the most highly contested issues in a divorce. Every party in a divorce will have an idea of who should be paying child support and how much they should be paying, so it can be difficult to find a common ground …
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. …
When talking about alternative dispute resolution, conciliation is a necessary technique to discuss. The process helps parties come up with solutions and find new ways to consider a solution. It is a creative process between the parties and the conciliator to identify solutions that are outside of the realm of what the parties have considered …
We are all involved in conflicts every day, ranging from when our kids are going to bed or what movie to see. Our conflicts highlight our needs and desires and reflect those of others. To be conflict-free is to be isolated. Of course conflict outcomes matter, but our methods of resolution do too. What …