Passing of the Torch RBG – Who Will Dissent?

Passing of the Torch Ginsberg

On Friday, September 18, Supreme Court Justice Ruth Bader Ginsburg passed away at age 87 (1933-2020). I was still working (remotely) when I heard the news. The group texts began to slowly roll in. The news alerts started popping up on my phone. A friend called and we commemorated the life of “Notorious RBG” and …

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Transformative Moments in Commercial Mediation

Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers.

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

One of the issues before the Court is particularly interesting:  Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.

Supreme Court Will Examine Difference Between “Arbitrability” and “Jurisdiction”

The Supreme Court has granted certiorari to review the decision of the 1st Circuit in Oliveira v. New Prime, Inc. (No. 15-2364, May 12, 2017).   One of the issues before the Court is particularly interesting:  Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.

Use of JAMS Rules Constitutes Clear and Unmistakable Delegation of Arbitrability to Arbitrator

JAMS Rule 11(b) provides: “Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which Arbitration is sought ? shall be submitted to and ruled on by the Arbitrator.

Lessons for Mediation from a Toddler’s View

Mediation can be hard.  Often, the parties start out a great distance apart, work towards narrowing the gap, but occasionally can’t quite straddle the gulf to come to an agreement in a single day.  Last week, I gave my final lesson to my students at Pepperdine on sophisticated steps for breaking an impasse.  I told them that it was a matter of both skill and faith.

Metrics on Arbitration Efficiency

The current issue of New York Dispute Resolution Lawyer — really a very good publication of the New York State Bar Association’s Dispute Resolution Section — includes a brief article by Roy Weinstein of the economic research and consulting firm Micronomics.  

Special ADR Event at New York Law School November 15

The James F. Henry Speaker Series at New York Law School’s ADR Skills Program will offer its third event of the year on Wednesday, November 15, 2017, when CPR President Noah Hanft joins panelists Greg Gallopoulos (GC of General Dynamics) and Prof. Joan Stearns Johnsen to discuss how vital commercial contracts are “Built to Last.”

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