ADR in a Virtual World: Here Today and Likely for the Foreseeable Future

ADR in a Virtual World

By Cassandra Franklin A Look at the Past Mediation and other forms of alternative dispute resolution (ADR) have existed in other cultures for a very long time, in some serving as the principal means of resolving disputes. However, in the early United States, common law courts were the primary means of resolving disputes. As the …

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Determining Arbitrability in the Second Circuit (Part III of III)

By Hon. Henry Pitman (Ret.) Continued from Part II of III… Arbitrability Belton v. GE Capital Retail Bank, 961 F.3d 612 (2d Cir. June 16, 2020), petition for cert. filed, No. 20-481 (Oct. 14, 2020): Plaintiffs had opened accounts with defendant credit card companies; the cardmember agreements contained arbitration clauses. Plaintiffs’ accounts became delinquent, and …

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Binding Effect in Arbitration Agreements (Part II of III)

By Hon. Henry Pitman (Ret.) Continued from Part I of III… Binding Effect of an Arbitral Decision Ninety-Five Madison Co. v. Vitra Int’l AG, No. 20-1432, 2020 WL 7086186 (2d Cir. Dec. 4, 2020) (summary order): A Landlord and a commercial tenant entered into a settlement agreement in which the landlord approved the tenant’s making …

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Second Circuit Arbitral Award: 2020 in Review (Part I of III)

By Hon. Henry Pitman (Ret.) Regardless of whether one is a proponent or opponent of mandatory arbitration clauses, they have become ubiquitous. According to a March 2015 study performed by the Consumer Financial Protection Bureau, 53% of credit card agreements and 99.9% of all mobile phone agreements contain mandatory arbitration provisions (Consumer Fin. Prot. Bureau, …

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The Art of War in the Kingdom of Probate

Of the contested matters pending in the probate courts in California, perhaps one in a hundred will be decided through a trial. The rest will be decided through alternative dispute resolution (ADR) processes. As reflected by these figures, going to trial has become the alternative, and ADR, with its many facets, has become the norm.

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