James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.
Attorneys receive lots of training and spend countless hours practicing to prepare winning appellate briefs, arguments, and summary judgment motions. With that said, it’s important to also focus on mediation brief. Unfortunately, mediation briefs are either overlooked, prepared at the last minute, or both. However, mediation briefs have much more of an influence on the mediation process than you might think.
Victoria Pynchon’s Settle It Now blog is on my daily list, and a recent post brought to our attention an interesting study on whether, by certain objective standards, attorneys get in the way of mediators’ work.
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.
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.
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.
Thanks to Loyola Prof. Imre Szalai for bringing to our attention the interesting Ninth Circuit decision in Breazeale v. Victim Services, Inc., holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.
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.
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.”
The Union Internationale des Avocats held its 24th World Forum of Mediation Centres in Singapore on October 13-14. In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.
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.”
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.”