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_______________________________________________________________________________________________________________ December 31, 2006 - January 6, 2007 1. Mediation: Mediation can be binding against a party even if she is not present. (Idaho). 2. Arbitration: Failing to remit a filing fee, which
results in a default order on pending arbitration, waives the
party’s right to 3. Arbitration: To be eligible for confirmation of
a final judgment of an arbitrator, the award must not have been
vacated, _______________________________________________________________________________________________________________ January 7, 2007 - January 13, 2007 1. Mediation: When a local law provides that the parties
must personally attend mediation, the court, using 2. Arbitration: A party seeking to vacate an arbitration
award for “evident partiality” with respect to the arbitrator 3. Arbitration: California’s Mandatory Fee Agreement
voids client arbitration agreements with attorneys. _______________________________________________________________________________________________________________ January 14, 2007 - January 20, 2007 1. Mediation: When a local law provides that the parties
must personally attend mediation, the court, using 2. Arbitration: A party seeking to vacate an arbitration
award for “evident partiality” with respect to the arbitrator 3. Arbitration: California’s Mandatory Fee Agreement
voids client arbitration agreements with attorneys. _______________________________________________________________________________________________________________ January 21, 2007 - January 27, 2007 1. Arbitration: An arbitration award will be enforced
when the arbitrator acted within the scope of his authority, was
not being 2. Arbitration: A party may implicitly waive his right
to arbitration through excessive delay, expense, or damage to
the other party’s 3. Arbitration: A seaman’s agreement to arbitrate related claims precludes litigation of re-injury. (5th Cir. (La.)). _______________________________________________________________________________________________________________ January 28, 2007 - February 3, 2007 1. Arbitration: When a district court denies a stay
pending arbitration, there may be an abuse of discretion if the
pending 2. Arbitration: When a party expressly limits their
motion to compel arbitration to the issue of arbitrability, the
trial court’s 3. Arbitration: A party’s attempt to withdraw
from a collective bargaining agreement does not necessarily invalidate
the _______________________________________________________________________________________________________________ February 4, 2007 - February 11, 2007 1. Arbitration: An arbitrator’s choice of law
does not violate public policy unless it undermines an asserted
fundamental public 2. Arbitration: An agreement that includes a statement
showing intent bind the parties “now and in the future,”
coupled with an _______________________________________________________________________________________________________________ February 11, 2007 - February 17, 2007 1. Arbitration: Equitable estoppel can fulfill the writing requirement under Section 16 of the Federal Arbitration Act. (C.A.2 (N.Y.)). 2. Arbitration: A judge has jurisdiction to vacate
an arbitration award when the arbitrator considers factors outside
the scope 3. Arbitration: When a party does not request arbitration
for disputed attorney’s fees within the specified time period
of the _______________________________________________________________________________________________________________ February 18, 2007 - February 24, 2007 1. Arbitration: Only disputes that the parties have
affirmatively agreed to arbitrate pursuant to the language of
their arbitration 2. Arbitration: A challenge to an arbitration provision
of an employee benefit plan governed by ERISA does not, in and
of itself, 3. Arbitration: Filing a motion to set aside a default
judgment does not constitute sufficient participation in the judicial
process _______________________________________________________________________________________________________________ February 25, 2007 - March 3, 2007 1. Arbitration: A lender may waive the right to pursue
arbitration when he proceeds substantially into foreclosure proceedings 2. Arbitration: Parties must manifest a clear intent
to apply standards other than those specified in the Federal Arbitration 3. Arbitration: When there is ambiguous language about
the scope of rewards available, the contract is to be read in
favor of _______________________________________________________________________________________________________________ March 4, 2007 - March 10, 2007 1. Arbitration: An arbitration clause is unenforceable
under the FAA when it does not have a nexus with interstate 2. Arbitration: A valid arbitration agreement is enforceable
against a debtor who files an adversary proceeding in 3. Arbitration: While courts generally try to uphold
arbitration agreements, even where the contract provisions are _______________________________________________________________________________________________________________ March 11, 2007 - March 17, 2007 1. Arbitration: Arbitration clauses signed between
a company and a client can preclude a separate suit against 2. Arbitration: Absent a legislative directive, a spousal
relationship alone does not confer authority of one spouse 3. Arbitration: A district court may confirm an arbitrator’s
partial award that is independent and separate from the _______________________________________________________________________________________________________________ March 18, 2007 - March 24, 2007 1. Arbitration: A district court has broad discretion
to exclude or admit an arbitrator’s decision relating to
a federal employment 2. Arbitration: An arbitrator exceeds his powers when
he ignores the clear language of the parties’ contract that
requires an 3. Arbitration: The Magnuson-Moss Warranty Act may not be enforced through arbitration. (Md.). _______________________________________________________________________________________________________________ March 25, 2007 - March 31, 2007 1. Arbitration: When a petition for arbitration governed
by the FAA is improperly denied, the court will issue a writ 2. Arbitration: An arbitration panel may require parties
to execute hold harmless agreements to solidify the immunity 3. Arbitration: Under the Massachusetts Arbitration
Act, judicial efficiency is not enough to overcome the Court’s _______________________________________________________________________________________________________________ April 22, 2007 - April 28, 2007 1. Arbitration: Bank acquisition of arbitration party
prior to final award did not make Bank party to the arbitration
and 2. Mediation: Parties adding attorney review provisions
to mediation without the other party’s consent voids mediation _______________________________________________________________________________________________________________ 1. Arbitration: Failure to fully comply with private
organization’s notice requirements equals ‘undue means’
in Minnesota. (Minn.App.). _______________________________________________________________________________________________________________ 1. Arbitration: Representation during arbitration by
same attorney in related matter not sufficient for collateral 2. Arbitration: First Circuit holds that administrative
agency cannot set aside statutorily-mandated arbitration 3. Arbitration: Suit to reconsider arbitration award
time barred under FAA after three months and limitation does _______________________________________________________________________________________________________________ 1. Arbitration: Fifth Circuit finds that awards are
enforceable as long as they are rationally inferable from the
agreement, 2. Arbitration: No conceivable violation of public policy found to vacate arbitration award under Railway Labor Act. (C.A.6). 3. Mediation: Termination of parental rights permitted
where parent violated strict provisions of mediated settlement _______________________________________________________________________________________________________________ 1. Arbitration: District court refuses to enforce arbitration
award where foreign court set aside arbitration 2. Arbitration: Arbitration is valid even when employees refuse to sign a receipt of the agreement. (C.A.5). 3. Mediation: Texas court follows Fifth Circuit, holds
parties to own sequence of dispute resolution process _______________________________________________________________________________________________________________ 1. Arbitration: 9th Circuit declines to vacate award made moot by federal case. (C.A. 9). 2. Arbitration: Employer’s arbitration agreement
with employee does not bar action by E.E.O.C. when employer and 3. Mediation: Attorney in mediation is protected from
deposition when other means of obtaining information is available _______________________________________________________________________________________________________________ 1. Arbitration: 11th Circuit holds United Nations Convention
on foreign arbitral awards preempts the federal 2. Arbitration: Creditor waives arbitration right by
failing to timely raise agreement and delay prejudices 3. Mediation: Texas court holds mediated settlement cannot be used to modify divorce decree. (Tex.App.). _______________________________________________________________________________________________________________ 1. Arbitration: Fifth Circuit joins other federal circuits,
says fraud in inducement must have been specifically aimed 2. Arbitration: Arbitrator could not disregard Joint Statement by union and employer which supplemented CBA. (3rd Cir.). 3. Mediation: Mediation agreement satisfied even when payment was tended late. (Ind.App.). _______________________________________________________________________________________________________________ 1. Arbitration: Court will not decide foreign arbitration
law where courts of the foreign country are available to 2. Arbitration: Arbitration award amount irrelevant
in determining jurisdiction when complaint filed prior to 3. Mediation: District of Idaho rules that compelling
production of documents resulting from mediation efforts _______________________________________________________________________________________________________________ 1. Arbitration: Contract of adhesion which mandates
arbitration silent as to class actions ruled not unconscionable 2. Arbitration: Party may not claim arbitrator acted
outside scope of authority on appeal when party did not raise
claim 3. Mediation: Non-prevailing party cannot be ordered to pay mediation fees as taxable costs under 28 U.S.C. § 1920. (5th Cir.). _______________________________________________________________________________________________________________ 1. Arbitration: Arbitration award similar to jury verdict
for purposes of interest, allows prejudgment interest only of 2. Arbitration: Collective bargaining agreements requiring
waiver of statutory rights under ADA and Title VII held 3. Mediation: Parties cannot capitalize on their own mistake in violation of mediated agreement. (Ky.App.). _______________________________________________________________________________________________________________ 1. Arbitration: Once aware of a potential conflict,
failure to investigate further is grounds to vacate for evident 2. Arbitration: Arbitration award upheld where part
of award included damages from previous lawsuit not including 3. Mediation: Judge’s in camera examination of
documents produced in confidential mediation determined that _______________________________________________________________________________________________________________ 1. Arbitration: Third-party beneficiaries bound to
arbitration clause even where no official agency relationship
was 2. Arbitration: The mere possibility of arbitral prejudice
is insufficient to justify setting aside an award when arbitration 3. Mediation: Easier to set aside mediated agreements which deprive biological parents of child custody. (Fla.App.). _______________________________________________________________________________________________________________ 1. Arbitration: Failure to settle grievance short of arbitration is not irrational or unfair to union member. (7th Cir.). 2. Arbitration: Continued employment may constitute acquiescence of arbitration clause to at will employees. (5th Cir.). _______________________________________________________________________________________________________________ July 29, 2007 - August 4, 2007 1. Arbitration: Liberal notice pleading in federal
courts stands in contrast to the great deference accorded to 2. Arbitration: Collective bargaining agreement arbitration
clauses that waive an employee’s right to a federal 3. Mediation: Parties’ failure to agree on essential
term precludes a finding that parties entered into a binding _______________________________________________________________________________________________________________ Updated
by Julie K. Gehring
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