Reaching A Result Justice Scalia Would Have Approved By Means He Would Not Have Approved? Edith Roberts is the author of a very interesting March 6, 2017 post in Scotusblog about an otherwise bone dry topic, entitled, “Judge Gorsuch’s arbitration jurisprudence.” Our takeaway: “[A] look at the arbitration rulings Gorsuch has made [on the […]
A Modest Proposal That Mediation May Be The Best Way To Tackle Disputes Among Clients Who Are Jointly Represented. In the latest issue of Orange County Lawyer (March 2017, Vol. 59, No. 3, p. 46), the publication of the Orange County Bar Association, I have written an article entitled, "Mediating Disputes Among Clients." […]
Argument Is Summarized In SCOTUSblog. On February 23, 2017, Professor Ronald Mann of Columbia Law School provided argument analysis in SCOTUSblog of yesterday's oral argument in Kindred Nursing Centers Limited Partnership v. Clark. By the tenor of the argument, which appears to have been hostile to Kentucky's position that the right to try personal injury […]
How Liberal And Conservative Justices On The US Supreme Court Have Parted Ways Over Arbitration Cases. My article entitled, "The Politics of Arbitration", appears in California Litigation, The Journal of the Litigation Section, State Bar of California, Vol. 29, No. 3, 2016. As my article explains, arbitration has become one more "hot button issue" […]
Mark D. Gough’s Study Seeks To Correct For Systematic Differences In Case Characteristics Between Arbitral And Court Forums. Back on August 19, 2014, I posted about Mark D. Gough’s study of arbitration outcomes arising from his research comparing employment discrimination cases heard in arbitration and civil litigation. At the time, I couldn’t find his […]
“Vet Your Fee Arbitrator Early.” In May 2016, I posted on the then unpublished case Baxter v. Rock, and posted later that the case was partially published. 247 Cal.App.4th 775 (2016). Relying on the case, I pointed out that an arbitrator’s mistake about an attorney’s fees award was no basis for overturning the award […]
Jost On Justice Poses The Question. In his August 28, 2016 post, Prof. Kenneth Jost suggests, as I did in my August 23, 2016 post about Morris v. Ernst & Young, that the split among the circuits concerning the enforceability of employment contract clauses requiring disputes to be resolved through individual arbitration is likely […]
The Evidence Supports Mediation’s Selling Points. The Maryland Judiciary has commissioned research to be conducted by independent researchers on the efficacy of mediation with small claims-type cases. The research claims to be “the only research in the country that compares the attitudes and changes in attitudes of participants who went through ADR to an […]
The Subjects Are Appellate Mediation And Mediating Employment Disputes With Small Business Owners. The July 2016 edition of Orange County Lawyer includes two worthwhile articles about mediation. Rethinking the Impossible: Appellate Mediation. By the time a case is on appeal, many attorneys and their clients view a case as far beyond the point […]
San Francisco-Based Mediator And Arbitrator Paul Dubow Has Reported On 18 California And Ninth Circuit Cases Related To ADR. In the 2015 Edition of the California Litigation Review, published by the Litigation Section of the State Bar of California, Paul Dubow has reported on “interesting and significant opinions relating to ADR particularly in the […]