Mark Ashworth - ADR Solutions


Arbitration News

Arbitration News

8/11:

The perfect dispute resolution clause

Practitioners from every stage of the disputes process: in-house, private practice, the Bar and institutions, gave their insights on what makes for an effective dispute resolution clause. read

 
7/06:

Supreme Court Rules In Favor Of Nursing Home Arbitration Agreements

In Kindred Nursing Center Ltd. Partnership v. Clark, the United States Supreme Court recently continued its protection of arbitration agreements by holding that the Federal Arbitration Act (FAA) preempted a Kentucky "clear statement" rule that disfavored arbitration agreements. read

 
5/09:

Mediators Share Advice on Managing Outside Counsel

Most cases resolve at some point, and early mediation lowers the costs incurred in litigation. In going even further though, I would advise in-house counsel to challenge some of the common practices litigation counsel often employ. read

 
3/21:

Senators Must Ask Gorsuch If He Will Force Americans into Arbitration

As part of his confirmation as a Supreme Court justice beginning on March 20, the Senate must ask Judge Gorsuch about his views on arbitration to determine whether he will put big business ahead of Americans’ constitutional right to a trial by jury. read

 
3/16:

SCOTUSblog: Judge Gorsuch’s arbitration jurisprudence

Arbitration, which involves agreements between parties to settle disputes in a private forum rather than in court, might seem like a fairly dry area of the law. But recent Supreme Court rulings interpreting the scope of the Federal Arbitration Act have had significant implications in consumer protection, labor, and class action contexts. read

 
3/14:

Unfortunate confusion of mediator and arbitrator roles

The headline reads: "Mediator: Hamilton man doctored videos trying to swindle son's widow, children." The best read is the first comment that very capably distinguishes between the roles of a mediator and arbitrator. read

 
12/06:

Effective Use Of Mediation-Arbitration

Over the past 15 years, mediationarbitration (or “med-arb”) has grown into a popular method of resolving family law disputes. As its name suggests, med-arb combines the most effective features of both mediation and arbitration. Why has med-arb become so popular? When does it work and when it does not? What are the ethical and practical issues that must be considered? read

 
11/22:

Obama admin. seeks curbs on mandatory arbitration for insurance

The Obama administration is pressing U.S. states to curb insurers' use of fine print in contracts that bars unsatisfied customers from suing, taking the latest step against "mandatory arbitration clauses" in an insurance report released by the Treasury Department on Monday. read

 
10/14:

Problematic nursing home arbitration clauses

This week, I want to discuss important federal regulatory changes that will affect millions of elderly dependent adults who are residing in nursing homes. read

 
10/14:

Airbnb Defends Arbitration in Push to Dismiss Discrimination Suit

Lawyers for Airbnb Inc. defended the home-sharing platform’s terms of service Wednesday in Washington federal district court, arguing that a user who brought a discrimination case against the company should be forced into arbitration to resolve the dispute. read

 

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