1984 was a dramatic year for literature and law. George Orwell’s classic novel came of age, with its four Ministries of Peace, Love, Plenty, and Truth that brilliantly described their opposites. Less observed that year—except by administrative lawyers—was the U.S. Supreme Court’s decision in Chevron v. Natural Resources Defense Council, the case that was to recalibrate judicial review of agency decisions. Also decided that same year was Southland Corp. v. Keating, a case preempting state arbitration laws that even administrative lawyers may have ignored.
Read moreMental health under COVID-19: Creating intentional group work while quarantined BY RANDY FLOOD, MA, LLP, DIRECTOR, MEN'S RESOURCE CENTER OF WEST MICHIGAN | MONDAY, APRIL 27, 2020
We are pack animals and most humans need to gather socially for connection, or at least for utilitarian purposes. Yet, we desire the freedom to choose with whom to gather, how long, and ultimately knowing if things get really bad or boorish, we are free to roam or exit. And then we were hit with this Stay at Home order, stuck with the same people, not knowing for how long, and left with only solitary or virtual pursuits outside your quarantined tribe. It may feel like anything but a kumbaya social circle.
Read moreThe Bachelor: All of Peter Weber’s exes (minus Kelley) are plotting hexes
It seems we’ve entered yet another chapter in the season that never ends, as The Bachelor’s Peter Weber and his post-season antics continue to irk his former suitors. Can Chris Harrison please step in and mediate this mess?
Read moreSupreme Court won’t send St. Louis to arbitration with Rams
Supreme Court won’t send St. Louis to arbitration with Rams
Read moreMediation in Family Law Cases During COVID-19
Many family law attorneys would argue that alternative dispute resolution (ADR) formats such as mediation, arbitration and collaboration are more effective than litigation in family law cases. Due to COVID-19, ADR (most often mediation) is the only immediate option available for many. Some family courts are conducting hearings remotely via Zoom, but for the most part they are not able to address non-emergent disputes. As of now, judges are not compelling mediations via Zoom, so attorneys and/or clients have to agree to participate. Users are reporting great results from Zoom mediations, but there are pros and cons to consider.
Read moreJudicial heavyweights call for 'breathing space' to save dispute resolution system
Lord Phillips, another former Supreme Court president, as saying 'parties should consider mediation, and conciliation should be encouraged at an early stage of legal proceedings'.
Read moreHong Kong Introduces COVID-19 Online Dispute Resolution Scheme
The Hong Kong Government has announced a series of measures to support individuals and businesses affected by COVID-19. With regards to the legal sector, the COVID-19 Online Dispute Resolution (ODR) Scheme is planned to be launched in June 2020. In the meantime, preliminary information concerning the operation of the ODR Scheme has been provided by the Secretary for Justice.
Since the outbreak of COVID-19, an upsurge in disputes related to the outbreak has been anticipated. In order to “provide speedy and cost-effective means to resolve such disputes, especially for those involving micro, small and medium-sized enterprises (MSMEs) that may be adversely affected or hard hit by the pandemic,” the ODR Scheme intends to cover COVID-19 disputes for claims up to HK$500,000.
Read moreMediation is extended to 150 days
The Minnesota Department of Agriculture (MDA) reminds Minnesota farmers and ag lending institutions that the state legislature extended the length of mediation available for farmers in the Farmer-Lender Mediation Program from 90 to 150 days
Read moreThoughts on ADR in the face of the Covid-19 Pandemic – A Neutral’s Perspective
As we are all challenged by the current pandemic, it strikes me that alternative dispute resolution (ADR) is perhaps no longer an alternative to traversing the court system, but rather the only viable method for the expeditious resolution of disputes.
Read moreNeighbour disputes sky rocket during lockdown in Spain as police see a 70% rise in complaints
Neighbour disputes have sky rocketed in Spain during lockdown as police record a 70 per cent rise in complaints about loud music, shouting, dogs barking and loud TVs at ‘ungodly hours.’
Read moreArbitration Agreements Lacking Employer’s Signature Can Be Enforceable, Says Texas Appellate Court (US)
…a three-judge panel of the Court of Appeals for the First District Court of Texas held that an employer could compel a former employee to arbitrate her wrongful termination case, even though it had not signed the arbitration agreement, because the evidence demonstrated that the employer intended to be bound by the agreement and there was no evidence that the parties intended for the employer’s signature to be a condition precedent to the contract’s enforcement.
Read moreCourt online dispute resolution now available in Oakland County
The Michigan Supreme Court’s online tool for resolving certain legal disputes has been expanded to Oakland County.
The court’s Office of Dispute Resolution has made the service, MI-Resolve, available in 18 counties so far. The service allows for virtual resolution of disputes that would otherwise be filed as small claims, civil cases or landlord-tenant cases in district court.
Read moreFederal court denies IPI motion to dismiss USA Fanter’s lawsuit
DISTRICT Court for the NMI Chief Judge Ramona V. Manglona on Thursday denied Imperial Pacific International’s motion to dismiss the lawsuit of USA Fanter Corp.
Read moreINSIGHT: Best Practices for Conducting Remote Arbitration Hearings
Most businesses must now connect virtually, due to the coronavirus pandemic, and arbitration hearings are no exception. We were one week into a two-week arbitration hearing when New York City shut down, forcing the hearing to conclude via video. Video hearings may be the future of arbitration—at least in the short term.
Attorneys need to think about important considerations and best practices for conducting a hearing via video. This article also addresses applicable arbitral institution rules (or lack thereof) and discusses why this area is ripe for consideration by these institutions.
Union leader asks Pelosi, Schumer to spike 'surprise' billing legislation
The IUOE said it would support creating independent boards to mediate billing disputes, pointing to a model used in New York, that the union said has saved consumers $400 million dollars and reduced out-of-network billing by 34 percent since being implemented in 2015.
Read moreJudge Confirms $1.4M Arbitration Award in Contract Dispute
A federal judge in Pennsylvania has confirmed a $1.4 million arbitration award resolving a contractual dispute between a nationally recognized securities rating organization (NRSRO) and its exclusive distributor of ratings services.
Read moreFamily and Dispute Resolution in Pandemic Times
Mediation is a tool that lends itself to these critical pandemic times—for families previously living with great levels of tension and conflict, the chance to have a facilitated conversation and ease the pressure can help spare them added anxiety and even resolve or preclude anger. For families whose financial and parenting agreements no longer comport with the realities of their current incomes and lifestyles, mediation too offers an opportunity to reconsider terms under the new circumstances.
Read moreLegal's Biggest Challenge With Remote Work Isn't Tech. It's Mental Health
attorneys’ top problem when switching to remotely working was related to mental health.
Read moreWorkplace disputes can opt for online resolution
The CRT – Canada’s first online tribunal – resolves motor vehicle disputes of up to $50,000, small claims disputes of up to $5,000, and strata property, societies and co-operative associations disputes of any amount. The tribunal remains fully operational, with staff members working remotely. The CRT is also not issuing any default decisions or orders until at least after May 15, has the authority to extend deadlines and limitation periods while B.C.’s emergency declaration persists and will exercise its discretion to waive fees for anyone who is in a difficult financial situation due to COVID-19. Those on a government assistance program are already eligible for the CRT’s fee waiver program.
Read moreArbitration? Court says not so fast.
Card v. Wells Fargo, 2020 U.S. Dist. LEXIS 45117 (D. Or. March 16, 2020), relying on Section 4 of the Federal Arbitration Act, the court deferred ruling on Defendant’s motion to compel arbitration, finding that an evidentiary hearing or jury trial is required to determine whether a valid arbitration agreement exists.
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