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Changing the Arbitration Landscape
A court may not make up a new procedural rule based on the FAA’s “policy favoring arbitration”.
Sunk Costs in Negotiations
Acknowledging that you’re caught in cyclical thinking is the first step to breaking the cycle.
But Is Your Case Really Ready for Mediation (Part III)
Examining the ADR Suitability Guide (Part III
But Is Your Case Really Ready for Mediation (Part II)
Examining the ADR Suitability Guide (Part II)
But Is Your Case Really Ready for Mediation (Part I)
Examining the ADR Suitability Guide (Part I)
You Really Need to Consider Baseball Arbitration
Resolving your client’s case by Baseball Arbitration might just be what your client needs.
Anchors Aweigh, My Boys, Anchors Aweigh!
An anchoring bias must be recognized in mediation.
Judges Optional?
With apologies to The Treasure of the Sierra Madre (and members of the bench): "Judges? We don't need no stinkin' judges!"
Pre-Litigation: Do You Have What it Takes?
Courts are still jammed up. Want to get resolution without waiting a couple years (or more)? Try pre-litigation ADR.
Prevaricator, prevaricator! Your Drawers are Conflagrant!
What infernal serpent / Has lent you his forked tongue?
From what pit of foul deceit / Are all these whoppers sprung?
Congress Examines Forced Sexual Harrassment Arbitrations
Survivors of sexual harassment and assault testified on the negatives of forced arbitration before the House Judiciary Committee. Legal scholars also testified on issues with non-disclosure agreements.
Are Mandatory Employment Arbitrations Falling Out of Favor?
Another company decides to do away with its mandatory arbitration requirements.