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 Abraham J. Gafni | October 16, 2023
Increasingly, attention has been directed at the issue of arbitrator impartiality and the duties of participants in the process. A recent federal case from California involved the failure of both an arbitrator and the American Arbitration Association (AAA) to comply with their respective obligations in this regard.
7 minute read
By Amanda O'Brien | October 13, 2023
Gina Stowe said the firm and managing partner Walter Weir did not respond to her request to return the funds nor to an American Arbitration Association offer to arbitrate the dispute.
2 minute read
By Charles Toutant | October 10, 2023
When judges become eligible for a pension, the combination of the pension and earnings from being a mediator is much more than they earn on the bench, William Strasser, president of the Bergen County Bar Association, said.
5 minute read
By Nisbet "Ken" Kendrick | October 6, 2023
In the world of mediation, where confidentiality is the cornerstone of the process that is now responsible for the resolution of the vast majority of civil cases, the strange case of Rogers v. Dupree is demonstrative of both propositions.
8 minute read
By Everett Catts | October 6, 2023
Here's where you'll find all the columns being published in the online version of the Daily Report's annual Alternative Dispute Resolution special section.
1 minute read
By Lee Tarte Wallace | October 6, 2023
We lawyers pride ourselves on two characteristics that are essential to making us good lawyers, but that sometimes contradict each other. We're objective, which lets us give dispassionate, reasoned advice. But on the other hand, we are also persuasive, which helps us convince people that our ideas are right. And it is hard to stay objective with someone you know and trust—you!—arguing your client's case to you day and night.
6 minute read
By Jennifer Grippa | October 6, 2023
Employing an expert in arbitration can be valuable for clarifying complex issues or strengthening your argument. However, using experts in arbitration does come with risks.
4 minute read
By Larry H. Kunin | October 6, 2023
Because Federal Rule 53 for special masters permits the use of court-appointed neutrals, parties should think about agreeing to such a neutral who understands the subject matter at issue.
5 minute read
By Steve Dunn, Michael Russell and Tanya Tate | October 6, 2023
Three employment law neutrals with Miles Mediation weigh in on the current state of employment law and ADR trends.
9 minute read
By Craig R. Tractenberg | October 5, 2023
It makes a difference whether the determination is an arbitration or an expert decision. We see these clauses frequently. Something similar to "The franchise buyout price shall be determined by submission by each side's appraiser, whose reports shall be submitted to a third, whose decision shall be binding."
6 minute read
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Frederick D. Miceli has joined the firm as Of Counsel
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