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Recent Developments
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2000 Newsletters


November 28 Newsletter

Cases:
Arbitration: arbitration clause not upheld in settlement agreement with conflicting terms.
Arbitration: issue of fraud in inducement of contract was permissible issue for arbitration.
Arbitration: consolidated arbitration ordered in forum different than contract choice.
Arbitration: court injunction waives right to arbitration.
Labor Arbitration: third party beneficiaries governed by arbitration clause.
Arbitration: dismissal of arbitration claim prior to discovery did not violate fundamental fairness test.



September 26 Newsletter

Cases:
Appellate Mediation: Failure to submit names of acceptable mediators mandates dismissal.
Class actions: Would addition of arbitration clause communicated to existing class, constitute forbidden communications.
Arbitration: Absent specific agreement, court decides issue preclusion for multiple arbitrations.
Mediation: Mediated settlement agreement in harassment and defamation case is enforceable.
Arbitration contract: Contract between employee and potential arbitrators not specific enough to create an enforceable contract.
Arbitration: Arbitration clause may not be invoked by an affected third party.
Arbitration: Binding agreement to arbitrate from correspondence.
Arbitration: Cashing paycheck ratified arbitration award.
Arbitration: Validity of mediation agreement to abolish an arbitration clause to be decided by arbitrator.
Arbitration: Litigation subject to res judicata effect of previous decision of arbitration panel.
Arbitration: Doctrine of equitable estoppel allows non-signatory to compel arbitration if claims against non-signatory are sufficiently intertwined with claims against signatory.

ADR Online:
Conflict Resolution Summaries



September 11 Newsletter

Federal Cases:
Arbitration: Courts are required to enforce privately negotiated agreements to arbitrate, like other contracts.
Arbitration: Attempt to challenge arbitrator rebuked.
Arbitration: Though not specifically stated elsewhere, a Federal court judge may not be a private arbitrator.
Arbitration: Arbitration clause valid, even though one party called contract void.
State Cases:
Arbitration: Dispute about entity mentioned within, but not a party to, collective bargaining agreement still bound to arbitration clause.
Arbitration: Res judicata and collateral estoppel issues are for arbitrator.
Arbitration: Insurer must negotiate in good faith and disclose all information without waiting for suit compelling the information.

ADR Online:
Conflict Resolution Summaries



March 21 Newsletter

Cases:
Arbitration: Court Grants De Novo Review of Award
Arbitration: Arbitrator Has Discretion Over Evidence Presented
Arbitration: Court Looks at Impact of Decision to Determine Finality
Arbitration: Nonsignatory Estopped From Avoiding Arbitration Clause

ADR Online:
Conflict Resolution Summaries



March 7 Newsletter

Cases:
Arbitration: Bankruptcy Stay Lifted for Arbitration
Arbitration: Arbitration Provisions in City Charter Are Constitutional
Arbitration: Reviewing Credibility Findings Exceeded Court's Authority
Arbitration: Confidentiality Agreement Does Not Bar Suit
Arbitration: ERISA Claims Arbitrable
Arbitration: Private Arbitration Support Malicious Prosecution Claim
Mediation: Mediator's Report Considered When Determining Sanctions

ADR Online:
Settlement.com



February 15 Newsletter

Cases:
Ombudsman: Court Approval of Ombudsman Settlement Not Required
Arbitration: Interlocutory Appeal of Arbitration Stay Denied
Arbitration: Statutory Arbitration Provision Unconstitutional
Arbitration: Party May Seek Reconsideration of order Granting Arbitration Award
Arbitration: Costs Unrecoverable (or Close but no Cigar)

ADR Online:
Florida Mediation Rules Amended



February 1 Newsletter

Cases:
Arbitration: Perpetuating Discovery for Arbitration Permitted
Arbitration: Award Reinstated
Arbitration: Usurious Contract Not Subject to Arbitration
Arbitration: Award of Attorney's Fees Reinstated
Arbitration: Refusal to Stay Action Pending Arbitration Reversed
Arbitration: Arbitrator May Not Consider Public Policy
Mediation: Mandatory Mediation Not Against Public Policy

ADR Online:
Readings in Dispute Resolution: A Selected Bibliography
Richard C. Reuben, Deconstructing Confidentiality



January 18 Newsletter

Cases:
Arbitration: Dispute Not Arbitrable
Arbitration: Award Vacated
Arbitration: Breach of Duty of Fair Representation can Avoid Preclusive Doctrines
Arbitration: Agreement to Arbitrate can be Reached Without Union Involvement
Arbitration: Abuse of Discretion to Defer Ruling on Motion to Compel
Arbitration: Arbitrator Not Partial
Arbitration: Award Vacated as Against Public Policy
Arbitration: No Arbitration in Federal Court While Concurrent State Action is Pending
Mediation: No Coercion During Mediation
Arbitration: Arbitrability of Tort Claim
Arbitration: Standard of Review

ADR Articles:
Edward Brunet, Replacing Folklore Arbitration with a Contract Model of Arbitration


Updated by Joel Wright
Willamette University College of Law

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