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Expanding the Role of Mediation in Criminal Cases: Kansas Moves Forward
The Sunflower State is broadening mediation’s reach. Criminal mediation may be the next best thing.
"I Agreed to What?" — A Reminder About the Enforceability of Arbitration Clauses
Like a surgeon, arbitrating for the very first time. (Apologies to Weird Al)
Certification of Neutrals: A Step Forward or a Misguided Label?
This is a “Pretty Mess” California’s new legislation tries to create ethical safeguards, but does it work?
New York Eases Its Stance on Clickwrap Arbitration Agreements
New York endorses the clickwrap.
Sixth Circuit Invalidates Arbitration Clause in ERISA Plan: A Vindication of Rights
Effective vindication is not part of a well balanced breakfast. It’s a well-established legal principle that limits the enforceability of arbitration provisions when they obstruct a party’s ability to enforce their statutory rights.
Sixth Circuit Reinforces Arbitrator Authority Over Threshold Issues of Arbitrability
Who gets the last say? Incorporation of institutional rules like those of the AAA can effectively shift power from courts to arbitrators—even on gateway questions of jurisdiction and arbitrability.
Using a Ticket Is Enough: Fourth Circuit Upholds Arbitration Clause in Stadium Injury Case
The Fourth Circuit weighs in, reinforcing the enforceability of arbitration clauses embedded in ticketing terms.
CFPB Permanently Bans Ejudicate from Handling Consumer Arbitrations
Neutrals that are deceitful taint the whole ADR process.
California’s New ADR Ethics Law Takes Effect in 2025: What Neutrals and Practitioners Should Know
It’s not wrong to expect your neutral to be ethical.
Do You Take Offense? Understanding the Role of Status, Emotion, and Recognition in Mediation
It’s not about hurt feelings. It’s about status.
Mediator Sued for Sexual Harassment After High-Profile Settlement Raises Ethical Questions
Integrity is paramount.
Burying the Arbitration Agreement: Fourth Circuit Rejects Hidden Terms in Online Job Application
Agreeing to arbitrate must be intentional.
Recognizing Emotions & Motivations in Mediation: The Human Drivers of Resolution
Mediation can be great because it allows for a deep dive into the real problems.
Taming the Mass Arbitration Lion: Seventh Circuit Reins in Fee Obligations in High-Volume Cases
Mass Arbitrations can present their own problems.
The Court Decides, Not the Arbitrator: Who Determines the Existence of an Arbitration Agreement?
Existence of a valid arbitration agreement must be determined before arbitrability can be addressed.
SCOTUS Stays Arbitrations: No Dismissals Under the FAA When Arbitration Is Ordered
Existence of a valid arbitration agreement must be determined before arbitrability can be addressed.
SCOTUS Resolves Coinbase Arbitration Dispute: Who Decides Which Contract Controls?
The Court continues to rule on arbitrations.
Battling Deepfakes in Arbitration: Safeguarding Integrity in the AI Era
The challenge here is that, for the naked eye, deepfakes are almost impossible to decipher.
