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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