Prevalence of Employment Arbitration is Measured

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes. Alexander J.S. Colvin of the Economic Policy Institute in Washington, D.C., has concluded that, “since the early 2000, the share of workers subject to mandatory arbitration has more than doubled and now exceeds 55 percent.”

 

Market Disruption, Anyone?

Recently I attended a Mediation Summit in Hangzhou, China, and with some other American colleagues I was given a tour of the West Lake District Court in Hangzhou, China.  The lobby had arrows pointing ahead for “lawyer service,” to the left for “court,” and to the right for “mediation and rapid arbitration.”

Mediation and Confidentiality

While documents subject to the mediation privilege may be inadmissible as evidence, an error in admitting the documents into evidence will not matter to the Court of Appeal, if admission of the evidence resulted in harmless error.  While documents subject to the mediation privilege may be inadmissible as evidence, an error in admitting the documents into evidence will not matter to the Court of Appeal, if admission of the evidence resulted in harmless error.  

Tenth Circuit Dismisses Lawsuit Due to Mediation Confidentiality Violation

In Hand V. Walnut Valley Sailing Club, No. 11-3228 (10th Cir. April 4,2012) plaintiff is a former member of defendant sailing club. Soon after plaintiff complained that his storage shed at the club didn’t comply with the American with Disabilities Act, plaintiff’s membership to the club was revoked. In response, plaintiff filed suit in federal court. The court sent the parties to mediation.

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