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The AAA’s New Early Dispute Resolution Panel: A Practical Step Toward Faster, Smarter Case Resolution
The AAA continues to expand its mediation offerings.
When Collusion Is the Allegation, Arm’s-Length Mediation Matters Even More
Allegations of collusion can kill a mediated settlement
Helping Parties Value Cases for Settlement: A Mediator’s Role in Turning Positions Into Decisions
How mediators facilitate settlement by moving parties from adversarial "trial valuation" to pragmatic "settlement valuation.”
When a New Arbitration Agreement Arrives in the Middle of a Class Case
Mid-Litigation rollout of a new arbitration agreement might not be the best idea
When the Arbitration Is Not Governed by the FAA: A Reminder About Procedure, Substance, and Fee Exposure
A recent appellate decision from Pennsylvania examines common law arbitration
When Broad Arbitration Language Still Isn’t Broad Enough
The Third Circuit interprets “broad”
When Card Use Becomes Consent: Court Compels Arbitration of TCPA and Tort Claims
Activating and using credit cards accepted the arbitration agreement.
When the Contract Ends but the Arbitration Clause Does Not
The Eighth Circuit Sends Post-Service Texting Claims to Arbitration
EFAA Can Void Arbitration for the Entire Case — Not Just the Harassment Claim
The Sixth Circuit sends both the arbitration baby and the bathwater to litigation.
When a Kentucky Arbitration Statute Blocks Arbitration in a Business Dispute
But the FAA May Still Open the Door
When Process Becomes the Appeal: Arbitrator Authority, AAA Rules, and “Errors of Law”
Arbitration appeals rarely succeed by arguing “the arbitrator got it wrong.”
California SB 82 and the End of “Infinite” Consumer Arbitration Clauses (Maybe)
Reigning in overly broad arbitration agreements?
Mediation Isn’t a “Try-It-and-See” Exercise: When You Settle on the Record, the Deal Usually Sticks
A mediated deal is not “optional” just because the papers aren’t signed yet.
How the FAA Helped Carry the Day on a “Click-to-Accept” Arbitration Clause
The Sixth Circuit weighs in on clickwrap arbitration agreements.
When the FAA Applies Because the Contract Says So: A Drafting Lesson from Tuufuli v. West Coast Dental
The FAA can apply to intrastate disputes, too.
Preserving Future Arbitration Rights After Valli v. Avis Budget Group
The Third Circuit provided a good roadmap
Arbitration awards are hard to undo — and “fact mistakes” are even harder
Arbitration is built for finality
California SB 82: A New “Ceiling” on Consumer Arbitration Clauses — and a Collision Course with the FAA?
A new law means new changes. Or does it?
