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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?
When Does a Federal Court Keep Jurisdiction After Ordering Arbitration? SCOTUS Takes Up the “Jurisdictional Anchor” Split
A case that asks a deceptively simple question with nationwide consequences for arbitration practice.
“Winning” the Mediation vs. Resolving the Dispute: How Mediators Can Prepare Counsel (and Clients) for Real Resolution
Tilting the session toward resolution rather than performance
Why Vacating an Arbitration Award Is So Hard: Lessons from Loans on Fine Art LLC v. Peck
A recent SDNY decision confirms just how difficult it is to vacate an arbitration award.
When Arbitration Agreements Matter: A Practical Reminder from the Golikov v. Walmart Sanctions Proceedings
Why Confirming Arbitration Agreements Early Can Prevent Costly Litigation
When Federal Law Controls, Arbitration Prevails: ELCRA, Title VII, and the FAA
A new decision explains why the FAA requires arbitration of ELCRA claims despite state-level uncertainty.
Broad Arbitration Clauses Sweep In Tort Claims, Says Ohio Supreme Court
The Supreme Court of Ohio reinforces its pro-arbitration beliefs.
Confidentiality in Mediation — and Why Posting on Social Media Can Backfire
Social-media posts during mediation can create liability.
When “Clear and Unmistakable” Isn’t So Clear: The Fifth Circuit’s Arbitration Ruling Heads to the Supreme Court
Will SCOTUS decide who decides?
When Confidence Clouds Judgment: What the Data Reveal About Mediation Settlement Decisions
Why overconfidence leads lawyers to misjudge trial outcomes — and how mediation helps
When Arbitration Fails the Forum Test: The Eleventh Circuit Reinforces Due Process Standards in Consumer Arbitration
Businesses which fail to comply with AAA consumer arbitration rules can lose their right to compel arbitration.
