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When AI Enters the Arbitrator’s Room: A Warning About Judgment, Delegation, and Trust
Arbitrator’s Award Tossed by the Court for AI Usage
Who Decides? The Court, the Arbitrator, and the Line Between Them
Courts decide whether the dispute belongs in arbitration — but arbitrators decide many of the procedural fights that follow.
Employment Claims, Arbitration Agreements, and the Power of Clear Contract Language
The more clear the agreement is, the easier to enforce.
The FAA’s Transportation-Worker Exemption Gets Another Supreme Court Clarification
SCOTUS Extends FAA Exemption to Last-Mile Drivers
Bracketing in Mediation: A Practical Tool When the Numbers Stop Moving
Use brackets to break through …
When a Federal Court Sends a Case to Arbitration, It Does Not Lose the Case
Jurisdiction is an oft-overlooked mistake.
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.
