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Ethics
New York’s top court refused to overturn an arbitration award in an opinion this morning, and in the process, specified its approach in a key pr...
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CPR presented its 28th Annual Awards for Outstanding Scholarship in ADR on January 11 at a ceremony held at the New York office of Fulbright & Jaworski LLP.
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In the third of his three-part return visit to IDN, Clark Freshman—a professor at Hastings College of the Law and a consultant with the Paul Eckman Group LLC, both in San Francisco--returns to discuss how to detect when your adversary is lying.
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The ABA’s Standing Committee on Mediator Ethical Guidancehas released a new opinion addressing the level of care mediators must take when unrepresented parties request the mediator to draft a settlement agreement in divorce mediation.
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Details from a complaint filed by plaintiffs' law firm Milberg LLP in a class action suit National Arbitration Forum and related companies, alleging consumer fraud. The suit charges that NAF offered its arbitration processes for credit collection purposes. The complaint alleges that the defendants worked together and created separate entities to avoid transparency into the operation.
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Why is U.S. justice so scary for the rest of the world? Why do European general counsel fear U.S. courts? It’s not just the juries and the punitive damages, according to Geoffrey C. Hazard Jr., a legendary University of Pennsylvania Law School scholar and ethicist, suggests that the problems with the U.S. court system are even deeper and more complex than its obvious features. “The [U.S.] civil law remedy of damages is regarded as a kind of offset or compensation adjustment,” says Hazard, for regulatory failure, and the lack of a social safety net.
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Commentary by Russ Bleemer (May 14, 2009) of the ABA's Section of Dispute Resolution's Committee on Mediator Ethical Guidance which tackled the question of mediators' ability to disclose caucus information.
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The American Bar Association Section of Dispute Resolution's Committee on Mediator Ethical Guidance uses a broad mediation hypothetical to reinforce a variety of points about how neutrals can ensure parties' confidence in the process, and keep themselves impartial.
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The ABA's Committee on Mediator Ethical Guidance sets out a standard for mediators’ obligations to protect confidentiality of mediation communications when ordered by a court to testify concerning such communications.
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The Second U.S. Circuit Court of Appeals upheld a lower decision dismissing an employee's move to overturn an order to arbitrate an unlawful termination action that claims the firing violated the Sarbanes-Oxley Act’s whistleblower protection provision.
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