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Posted in: ADR Rules
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Posted in: ADR Rules
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03
Posted in: ADR Rules
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21

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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The Second U.S. Circuit Court of Appeals held a class arbitration waiver in a law student loan contract was unconscionable under California law, and invalidated the arbitration agreement.

But in light of an April U.S. Supreme Court decision, the panel noted that it could not authorize the plaintiff, a practicing attorney who filed suit over misallocation of his student loan payments, to proceed with a class arbitration.

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This Briefing offers information about the use of Dispute Review Boards (DRBs) and other Standing Neutrals, which have proven so successful in managing conflict in construction projects.

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