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Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By Carrie Maylor DiCanio | March 20, 2023
Among the provisions that RWI policyholders should carefully scrutinize and negotiate with a clear sense of their needs and potential pitfalls are the mandatory alternative dispute (ADR) provisions in their policies.
9 minute read
By Jennifer B. Zourigui | March 20, 2023
Careful consideration should still be given to an arbitration clause to ensure the client's goals in submitting to arbitration are met. Below are areas to consider when drafting an arbitration clause.
6 minute read
By Charles F. Forer | March 16, 2023
There can be no "lawlessness or chaos" in enforcing an arbitration agreement if the allegedly breached contract contains, in a clear and unmistakable manner, the complete terms of the arbitration agreement whose validity is under attack.
7 minute read
By Victoria Pfefferle-Gillot | March 15, 2023
Elected and Appointed Attorney Louis Hockman has been appointed co-chair of the alternative dispute resolution (ADR) committee of the Montgomery Bar…
3 minute read
By Rex Berry | March 13, 2023
While mandatory arbitration agreements still are subject to the same requirements applicable to other agreements, those agreements now may be enforced under the FAA. At least, that is, until the California legislature's next move, according to Rex Berry of Signature Resolution.
4 minute read
By Andrew M. Moskowitz and James E. Burden | March 13, 2023
While the act bars only the forced arbitration of sexual harassment and sexual assault claims, it is an important first step in restoring employees' ability to bring discrimination and harassment claims in open court.
9 minute read
By Alan D. Scheinkman | March 10, 2023
Failure to address unhealthy conflict allows the situation to fester, injuring morale and, more importantly, creating an environment in which conflict may dramatically escalate into major conflagration.
7 minute read
By Robert B. Hille and John Kaveney | March 10, 2023
Contracting entities, including those in the health care industry, need to approach language differently depending on whether they are dealing with a consumer or employment agreement or an arm's-length commercial contract.
3 minute read
By Stephen Masciocchi and Tina Van Bockern | March 9, 2023
In a suit filed under the Employee Retirement Income Security Act (ERISA), the U.S. Court of Appeals for the Tenth Circuit recently affirmed a district court's reliance on the relatively obscure "effective vindication exception," first announced a decade ago by the U.S. Supreme Court, as the basis to refuse to enforce an arbitration provision in a defined contribution retirement plan.
10 minute read
By Travis J. Odom | March 7, 2023
Outside of its class-busting properties, arbitration can be a mixed bag for employers.
8 minute read
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