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 …
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.
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….
One of the issues before the Court is particularly interesting: Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.
Yesterday was an interesting day for me. I spent the day in a training for a Personnel Commission for which I have served as a Hearing Officer for over a decade. At its conclusion, a very young female participant in the training took me aside and complemented me for being a “bad ass” woman whom she hoped to emulate in her burgeoning career.
Mediation can be hard. Often, the parties start out a great distance apart, work towards narrowing the gap, but occasionally can’t quite straddle the gulf to come to an agreement in a single day. Last week, I gave my final lesson to my students at Pepperdine on sophisticated steps for breaking an impasse. I told them that it was a matter of both skill and faith.
Join us in Chicago for an international forum to exchange ideas among experienced mediators and advocates practicing in all areas of mediation including family, commercial, tort, community, employment and international mediation.
Lawsuits are products. I know this sounds strange particularly to lawyers who after four years of college, three years of law school and then one or more bar examinations, do not want to consider themselves mere sales people….
I would say all of those cases were ripe for mediation at the time I was asked to mediate them. How can that be? Simple. In each case, the attorneys/parties had the right information, and a strong enough desire to settle, in order to make good decisions. Could those cases, which were further into the judicial process, have been resolved sooner? Possibly. But in retrospect, I don’t think they were ready until we mediated them.
The full course will include pragmatic steps to help delegates towards being a practising mediator, with a carefully blended programme of theory and role playing to develop and apply all the relevant skills needed to be a successful mediator. CPD will be open to all with the additional development of the “CPD Club”, which provides member mediators with a variety of events tailored to achieve CMC CPD points to allow them to continue to practice under the CMC banner.