Class Action Arbitration: The Legality and Related Waiver Clauses

One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof.  Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …

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Mediation Opening Statements Illustrated

Article Clarifications: 1. A guideline or checklist of topic points was developed to cover a typical start-to-finish opening statement scenario. Those topic bullet points are designated in bold print but are not meant to be spoken. 2. Italic text enclosed in parentheses explains the mediator’s objective. 3. Bold text enclosed in parentheses are technical tips …

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Fact Finding Arbitration

The year 1619 marked the first strike on American soil. It occurred in the Jamestown colony of what is now Virginia, and was then an English colony. Shipyard workers who were denied the vote because they were not of English descent refused to work.  Jamestown Company officials bowed to the pressure and work resumed. Despite …

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Types of Conciliation: Which One Would Work for You?

The types of conciliation can be overwhelming and confusing to sort through to find the best process for a given dispute.  Parties have to evaluate whether arbitration, mediation, conciliation, or facilitation would fit best to resolve a dispute between the parties, and then the parties also have to prepare for the process that they choose.  …

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Conflict Resolution Jobs – ADR Career Path

Because conflict is a part of daily life, many people are starting to see the value in creating conflict resolution jobs to resolve the conflict that arises within the workplace and other situations.  The prevalence of alternative dispute resolution and other forms of conflict resolution has also encouraged the creation of conflict resolution degrees and …

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Arbitrator Training: Becoming an Arbitrator

So you want to be an arbitrator and learn about arbitrator training? That’s not surprising. The US Department of Labor estimates that between now and 2029, the demand for arbitrators will grow at twice the rate expected for other occupations.  And should you reach the top of the field, you can expect to be richly …

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How does arbitration work – Legal Terms Clarified

If someone were to ask me “How does arbitration work?” I could only give the most basic definition in response without the answers to a number of questions. Arbitration is an adjudicatory alternative dispute resolution (ADR) process, in which the parties consent to have a neutral third party or parties decide the outcome of a …

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Arbitration vs. Litigation: What Is The Difference?

Choosing whether to pursue arbitration vs. litigation hinges on several factors that parties should carefully consider as they decide on how to resolve their dispute(s). Once a dispute reaches the point where it is clear that the parties cannot reach an agreement and need a third party to decide the dispute, it will likely end …

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