U.S. Arbitration and Mediation Legislation July 2011 Update

Karl Bayer Disputing
July 12, 2011

Check out the most recent legislation affecting alternative dispute resolution compiled in a concise index where you can chart the progress of various bills that were introduced by the 112 U.S. Congress on January 3, 2011. Bills target areas as diverse as foreclosure mediation to “cultivation of peace as a national policy objective” to requiring arbitration agreements to be printed in bold capital letter headings not smaller than 1/2 inch in height.

Included in the proposal is the creation of the Arbitration Fairness Act of 2011 which will prohibit predispute arbitration agreements in consumer, employer and civil rights context. Other reforms include changes in patent law that would enable the patent holder with an invention to use arbitration to settle the dispute. Changes in health care settlements might require court supervision for payment of damages to prevent conflicts of interest that might ultimately reduce damages.

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