Agreeing to arbitration before a dispute: in most signed contracts, there are predispute arbitration clauses. Businesses and companies have been implementing arbitration as a way to resolve disputes outside of traditional litigation. It creates a space for parties to resolve disputes confidently and efficiently while still issuing a binding decision for the parties to follow. …
If you have ever signed a contract of any kind, you have probably asked, “Should I sign an arbitration agreement?” The most common place that people may see an arbitration agreement that gives them pause is in an employment agreement. Many companies have been begun to include arbitration agreements in their contracts with employees because …
In this article, we discuss the importance of environmental litigation and its effect on society. It was the spring of 1971. Then in second grade, this author saw a short film in school about air and water pollution. Horrified at what seemed to be our inescapable doom, I typed my first letter. In three or …
The ABCs of ADR The most comprehensive glossary of Alternative Dispute Resolution (ADR) terminology online. If we missed any terms, please let us know. ADR Help We’re ADR matchmakers… and have a knack for pairing up parties in conflict with qualified mediators and/or arbitrators. Get expert help today! ADR Blog As a trusted source of …
When collective bargaining reaches an impasse, the usual next step is a strike. For some essential public employees, such as firefighters and police officers, there is no right to strike. In such situations, the next step is usually conventional arbitration. But conventional arbitration has been criticized because arbitrators supposedly arrive at awards by “splitting …
It’s been said that America is the most litigious society in the world, despite the fact that less than 2% of federal cases go all the way to trial. Many more cases do not reach the courthouse. We are, if anything, a society that settles disputes. We don’t talk that way, and as a group, …
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 …
Occasionally, a court will recommend an early neutral evaluation shortly after a case has been filed. Courts will usually recommend this when they believe an evaluation may help the parties accurately see their positions compared to the other party’s and potentially think about a settlement. Sometimes, a court will recommend the case to early …
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 …
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, …