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The Mediation Window: Why Timing Is the Most Critical Variable in Dispute Resolution
Timing is everything.. Nowhere is this more applicable than in mediation. Determining the right moment to mediate can be the be the difference between success and failure — while conserving time, costs, and resources.
Fifth Circuit Firmly Rejects “Manifest Disregard” as Basis to Vacate Arbitration Awards
Parties who agree to arbitration must be prepared to accept the outcome, even if they disagree with the legal reasoning.
Mass Arbitration and the FAA: SCOTUS Petition Targets Heckman Decision
Will SCOTUS weigh in on mass arbitrations?
Fourth Circuit Upholds Arbitration Despite SCRA Protections for Veterans
Plaintiffs bringing claims under the SCRA will, at least in the Fourth Circuit, be bound by executed arbitration agreements.
The Process Arbitrator: An Essential Role in Mass Arbitration
The Process Arbitrator is the secret to smooth sailing mass arbitrations.
Using the FAA to Confirm an Arbitration Award: A Jurisdictional Cautionary Tale for Litigators
Courts can no longer “look through” the petition to the underlying dispute to find a federal hook.
Mass Arbitration, Consolidation, and Contractual Limits: The Ninth Circuit’s Ruling in Jones v. Starz Entertainment
The Jones v. Starz Entertainment decision is a powerful reaffirmation of the contractual and procedural framework that governs arbitration.
Mass Arbitration and Opt-Out Rights: A Federal Court in California Weighs In
69,000 Opt Out of Settlement
Whose Duty Is It to Initiate Arbitration? A California Appellate Court Weighs In
It becomes increasingly important to anticipate not just whether arbitration will be compelled—but what happens after.
Empathy as a Strategic Tool in Mediation
Empathy is a cornerstone of effective communication.
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.
