ADR, Meet EDR: An Emerging New Model for Resolving Medical Malpractice Claims

Médico Sanitario2018 | Abril 24
Early Discussion and Resolution (EDR). The underlying policy objectives are increasing access to information and compensation and improving patient safety. Like previous legislative models, it also seeks to reduce costs involved in such claims.
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La AAA publica informe que prueba que el arbitraje es más económico que los tribunales

American Arbitration Association (AAA)2018 | Abril 2
Un estudio realizado para la American Arbitration Association (AAA), por parte de la firma de investigación económica Micronomics, ha cuantificado económicamente las diferencias de tiempo en la resolución de litigios entre arbitraje y tribunales ordinarios y, por tanto, su influencia en la cuenta de resultados de las empresas.
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From Judge to Mediator and Arbitrator

ADR Mediación2018 | Marzo 21
After 36 years as a state court trial and appellate judge, including eight in the commercial division and 21 managing mass torts, I anticipated a seamless transition to becoming a neutral. After all, I had tried, conferenced and settled thousands of cases. To be sure, I realized I would lack the hammer of the imminent trial alternative, so I took several courses in mediation, some of which involved role playing. But ultimately I thought it would just come naturally. After three years as a neutral, I can report that while my judicial skills prepared me in some ways, they presented obstacles in other ways
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Providing For De Novo Review of Award Can Invalidate The Arbitration Agreement

US Court of Appeals, 10th Circuit2018 | Febrero 26
A recent decision from the 10th Circuit shows there is a whole new way to invalidate an arbitration agreement. In Citizen Potawatomi Nation v. Oklahoma, 2018 WL 718606 (10th Cir. Feb. 6, 2018), the court found the arbitration agreement unenforceable because the parties provided for de novo review of any arbitration award in federal court, which is prohibited under the Hall Street decision from SCOTUS in 2008.
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The Use of Technology in Mediation: Inexpensive Tools to Present Your Case

ODR2018 | Enero 15
With today’s technology, there are many inexpensive, yet powerful tools that can be used to present your case in a mediation setting. As the saying goes, “a picture is worth a thousand words,” so why not make it as effective as possible? For a case with some holes, you may create an impression with the opposition that you have a great case or if you have a surefire winner, you can buttress that fact. Not to mention, there’s the side benefit of showing your client that you have given their case added or special attention.
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When Is Arbitration Too Expensive? Financial Ability Is a Consideration

Ensayos2018 | Enero 8
Whenever Bob discusses arbitration with a client he talks about the advantages of avoiding court proceedings. His first words always are “You save so much money. Bob has learned that his clients like to save money and that these savings are more important to them than the speed of arbitration or the ability to pick the decision-maker or the many other benefits that arbitration provides.
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Microsoft pone fin a la ‘mediación forzosa’ para casos de acoso sexual

Microsoft2017 | Diciembre 19
El presidente de Microsoft, Brad Smith, anunció este martes 19 de diciembre de 2017 que el gigante tecnológico decidió terminar con la “mediación forzosa” en los casos internos de acoso sexual, una práctica ampliamente extendida en las empresas de EE.UU.
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U.S. lawmakers propose ban on arbitration of sexual misconduct claims

Derechos Civiles Discriminación Género2017 | Diciembre 7
Members of the U.S. Senate and House of Representatives unveiled the bill on Wednesday, saying mandatory arbitration agreements had forced women to privately arbitrate misconduct claims, effectively silencing victims and enabling serial harassers.
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US Supreme Court Invalidates State Rule That Disfavored Arbitration

Tribunal Supremo EEUU2017 | Agosto 21
The US Supreme Court invalidated a state court rule that had held unenforceable arbitration agreements entered into under broad powers of attorney whenever the powers of attorney did not expressly entitle the representative to enter into an arbitration agreement.
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Making religious arbitration work in America: The Jewish experience

Beth Din of America2017 | Junio 26
Two elements are at play in judicial enforcement of arbitration awards: One is the formal legal elements: Courts are legally incapable of enforcing arbitral awards issued by religious tribunals if they fail to follow the basic legal demands imposed by the Federal Arbitration Act. Second, even if faith-based arbitrators have observed all the formal legal requirements, they must still convince judges that their religious dispute resolution processes are genuinely fair, effective and worth upholding.
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California Supreme Court: Arbitration Agreements Must Permit Public Injunctive Relief

Tribunal Supremo California2017 | Abril 10
In a long-awaited decision, the California Supreme Court has declined to enforce an arbitration agreement due to a provision allegedly waiving plaintiff’s ability to seek “public injunctive relief” under California’s consumer protection statutes. The court’s rationale seems contrary, if not openly hostile, to the recent U.S. Supreme Court precedent enforcing such agreements under the Federal Arbitration Act (FAA).
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Florida Supreme Court establishes a separate set of rules and procedures for family court

Tribunal Supremo Florida2017 | Abril 4
The Florida Supreme Court on March 16 released a new set of rules to simplify the family law processes while establishing a separate set of rules and procedures for matters before family court.

The Family Law Rules Committee also released several new forms that were then approved by the members of the full Rules Committee as well as the Florida Bar Board of Governors.
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Straus Institute for Dispute Resolution at Pepperdine Named Number One Program in the Nation in USNWR Law School Rankings

Pepperdine2017 | Marzo 21
The Straus Institute for Dispute Resolution at Pepperdine University School of Law has once again been named number one among academic dispute resolution programs in U.S. News and World Report’s 2018 Law School Rankings. Released last week, the rankings place the Straus Institute at the top of the list for the twelfth time in thirteen years.
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Arbitration Agreement Included in Samsung Product Manual Is Unenforceable, Third Circuit Rules

Unites States Court of Appeals for the Third Circuit2017 | Marzo 3
An arbitration provision for Samsung Galaxy S smartwatches is nonenforceable in a class action claiming the company exaggerated the product’s battery life, the U.S. Court of Appeals for the Third Circuit has ruled.

A stipulation mandating binding arbitration, printed on page 97 of a 143-page product manual, is not a valid contractual term because the court could not presume that consumers read or had notice of the terms, the court ruled Friday in Noble v. Samsung Electronics America. The appeals court affirmed a ruling by a federal judge in Newark that held the arbitration provision nonbinding.
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U.S. Supreme Court questions validity of arbitration agreements for nursing homes

Tribunal Supremo EEUU2017 | Febrero 23
The U.S. Supreme Court on Wednesday questioned the validity of arbitration agreements used by nursing homes in a case involving Kindred Healthcare.

The justices recently ruled in favor of arbitration agreements in two separate cases but they appeared to take a more critical approach to the practice when questioning Andrew Pincus, a lawyer representing Kindred Healthcare.
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New Jersey Seeks to Become Center Of International Arbitration

Sello Estado de New Jersey2017 | Febrero 16
New Jersey has taken the first step toward becoming a global center of international arbitration by enacting the International Arbitration, Mediation, and Conciliation Act (the “Act”) on February 6, 2017. The Act provides the framework for making New Jersey an attractive destination for resolving international business and trade disputes.
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Mediation Program Helps Struggling Farmers in Minnesota

Agropecuario2017 | Febero 15
Low commodity prices are causing financial pain on Minnesota farms, but bankruptcies are rare thanks in part to a state mediation program.

The farmer-lender program requires lenders to offer struggling farmers the chance to renegotiate debt terms with the help of a mediator before repossessing any property, Minnesota Public Radio (http://bit.ly/2lLs2ml ) reported.

 

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Is an Unsigned Arbitration Agreement Enforceable?

Arbitraje2017 | Febrero 7
As courts repeatedly have emphasized, arbitration agreements are ­contracts. That means we have to consider the law of mutual assent in determining whether the parties entered into a ­binding arbitration ­agreement and whether a ­countersignature is required.
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SVAMC’s 2017 “Tech List” Names the World’s Leading Technology Arbitrators and Mediators

Silicon Valley Arbitration & Mediation Center (SVAMC)2017 | Febrero 7
Silicon Valley Arbitration & Mediation Center (SVAMC), a leading not-for-profit that advances the use of arbitration and mediation in technology and technology-related business disputes in the San Francisco Bay Area and around the world, today released its highly anticipated 2017 List of the World’s Leading Technology Neutrals.
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Supreme Court to Decide If Employee Arbitration Clauses Are Enforceable Nationwide

Tribunal Supremo EEUU2017 | Enero 17
The U.S. Supreme Court on Friday agreed to consider whether companies can head off costly class action lawsuits by forcing employees to give up their right to pursue work-related legal claims in court as a group. Sigue leyendo

8th Circuit Expands Arbitral Immunity Doctrine

United States Court of Appeals for the Eighth Circuit2017 | Enero 11
A per curiam opinion from the 8th Circuit last week highlights that even if an arbitration goes off the rails, the only remedy is vacating (or confirming) the award.  The parties cannot recover from the administrator of the arbitration.
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New Commercial Arbitration Database Offers Analytics for Arbitration Attorneys

Dispute Resolution Data2017 | Enero 10
A South Carolina startup, Dispute Resolution Data, has signed agreements to collect information from some 20 arbitration institutions. To avoid the privacy issues, the institutions upload the data themselves before Dispute Resolution Data reviews the material, so that client names and details remain in the custody of the arbitral institution. The database went live for subscribers in December, with more than 66,000 data fields on thousands of closed arbitration cases, so far connected to 136 countries. More cases are being fed into the database daily.
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Negotiations Involving Gender and Power

Harvard Law School2017 | Enero 6
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First, men tend to care more about status than women do. Using a university-sponsored fundraising campaign, researchers Bruno S. Frey and Stephan Meier of the University of Zurich examined how social-comparison information affected contribution rates.

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