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Tuesday, February 16, 2010
Next Arb Case Arg Date Set at U.S. Supreme Court
By Bleemer @ 5:39 PM on Tuesday, February 16, 2010 :: 156 Views :: 0 Comments :: Blogs, Russ Bleemer

The U.S. Supreme Court today set the date for its next arbitration argument, in the Rent-a-Center West v. Jackson, 09-497. 

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Thursday, December 03, 2009
JAMS Seeks Comments for New ''Mediator-in-Reserve' in International Arbitration Matters
By Bleemer @ 12:10 PM on Thursday, December 03, 2009 :: 844 Views :: 0 Comments

Just before Thanksgiving, Irvine, Calif.-based ADR provider JAMS, released a proposed policy for  the appointment of a  “Mediator-in-Reserve”  in international arbitrations. A public comment period ends on Jan. 1.  Click through for details

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Wednesday, November 25, 2009
Mediation Program Keeping Connecticut Debtors in their Homes Longer
By Bleemer @ 2:52 PM on Wednesday, November 25, 2009 :: 795 Views :: 0 Comments :: Blogs

Connecticut's tough residential mortgage foreclosure situation gets some good news from a new mandatory mediation program

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Thursday, November 19, 2009
New Searle Study: Consumer Debt Arbitration is Fair
By Bleemer @ 3:17 PM on Thursday, November 19, 2009 :: 489 Views :: 0 Comments

A new study comparing arbitration and court results in consumer debt collection cases finds debtors are getting a fair shake in ADR, and that creditors do better in court than they do in arbitration.

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Friday, November 13, 2009
Glenn Beck Loses WIPO Case, But Gets to Close Parody Site Anyway
By Bleemer @ 11:36 AM on Friday, November 13, 2009 :: 475 Views :: 3 Comments :: Blogs

Fox News hot property Glenn Beck didn’t rape and murder a young girl in 1990.  But last last month he lost an administrative proceeding with the World Intellectual Property Organization’s Arbitration and Mediation Center in which he argued that the domain name GlennBeckRapedAndMurderedAYoungGirlin1990.com violated his trademark and constitutes defamation.

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Monday, February 23, 2009
CPR's Latest Webcast Now Available On Demand
By @ 2:09 PM on Monday, February 23, 2009 :: 2060 Views :: 0 Comments

University of Windsor (Ontario) Prof. Julie Macfarlane's Feb. 9 one-hour lunchtime CLE webcast on new practice challenges is now available on demand.....

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Tuesday, January 13, 2009
Should Mediators Vouch for a Settlement's Fairness?
By @ 1:07 PM on Tuesday, January 13, 2009 :: 1971 Views :: 0 Comments :: Blogs, Russ Bleemer

Should mediators publically declare a settlement to be fair?

It’s an interesting question vetted in a column in today’s Daily Journal, Los Angeles’s legal newspaper, by Jeff Kichaven and Jay McCauley, mediators at Professional Mediation & Arbitration, a new Los Angeles-based mediation firm.  The veteran practitioners are dead against neutrals’ fairness opinions

According to the article authors, it has become “apparently customary” for courts to ask mediators whether a class action is fair.  The authors say that mediators are agreeing to provide the opinion letters as a marketplace reality–that is, do it or risk not getting hired later.

The practice is “senseless,” say Kichaven and McCauley.  “Fairness declarations are irrelevant.  Worse, they place us all on the road to corruption.  Lawyers should never request them, mediators should never provide them, and most importantly, courts should never invite them and should always strike them from consideration.”

The article is available with subscription at the Daily Journal’s webpage, here.

Friday, December 12, 2008
Lawyers Weekly looks at Arbitration Malaise
By @ 5:33 PM on Friday, December 12, 2008 :: 1657 Views :: 0 Comments

The Canadian periodical Lawyers Weekly last week took a look at issues in arbitration, and in the article by Randy Pepper, a Toronto barrister, used an article authored by the CPR Institute's president, and discussion at CPR Institute meeting from earlier this year, to warn against the danger of "American malaise" infecting Canadian arbitration.

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Monday, December 08, 2008
Argument Date Set for Andersen v. Carlisle
By @ 12:21 PM on Monday, December 08, 2008 :: 1823 Views :: 0 Comments

The U.S. Supreme Court just announced an argument date for its newest arbitration case, on the rights of nonsignatories.

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Thursday, November 20, 2008
Still Rebutting Public Citizen's Arbitration Study . . .
By @ 1:23 PM on Thursday, November 20, 2008 :: 1416 Views :: 1 Comments

The latest Dispute Resolution Magazine (ABA DR Section) collects studies rebutting last year's Public Citizen report.

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