Arbitration: Arbitrators Decision To Reinstate Employee Upheld
Mediation: Mediation Summary Not Admissible As Evidence
ADR Online: AAA Moves Deeper Into Cyberspace
ADR Online: Legal Issues Concerning The Year 2000 "Millennium Bug"
ADR Online: CDRC Standards Of Practice For California Mediators
ADR Online: National Dispute Resolution Organizations Seek New Structure

Arbitration: Arbitrators Decision To Reinstate Employee Upheld
Homestake Mining Company v. United Steelworkers of America, AFL-CIO (8th Cir.  8/17/98)

Homestake Mining Company (Homestake) appeals from the district court's denial of its motion to vacate a labor arbitration award that reinstated Stacy Oberle, a Homestake employee who was discharged for alleged safety violations. Homestake contends that the award failed to draw its essence from the collective bargaining agreement and that the award should be set aside as contrary to public policy. The relevant collective bargaining agreement authorized Homestake to discharge employees "for just cause," and incorporated by reference federal mine safety regulations as workplace safety rules in the mine.  The Court of Appeals affirmed the district court explaining that the arbitrators decision was insulated from review because the decision was "neither completely irrational [nor] evidences a manifest disregard for law."
[Full Decision On Westlaw: 1998 WL 477214]

Mediation: Mediation Summary Not Admissible As Evidence
Kitchen and Kitchen Farms, Inc., v. Kitchen (Mich. App. 7/31/98)

After brothers William and Robert Kitchen dissolved their partnership, plaintiff William Kitchen brought an action for prescriptive easement, permanent license, and estoppel for use of irrigation equipment which ran over Robert Kitchen's land.  After a failed mediation, Robert filed a motion for summary disposition and submitted William's mediation summary as evidence of the frivolousness of plaintiff's claim.  The court rejected Robert's argument that the summary was admissible because it did not pertain to the merits of William's original claim and upheld the policy of supporting honest and reprisal free mediation encapsulated in Michigan statute 2.403(j).
[Full Decision On Westlaw: 1998 WL 436090]

ADR Online: AAA Moves Deeper Into Cyberspace
By Cindy Fazzi

A number of services recently launched in cyberspace by the American Arbitration Association have been drawing considerable attention and use.  The Association is providing a wide range of information to millions of Internet users all over the world through a highly popular web site, and other on-line services.  The AAA is also offering on-line case administration services under a special pilot project called Virtual Magistrate, where parties in computer network-related disputes may now choose to resolve their disagreements through online arbitration or fact finding.

Details: http://www.adr.org/drt/cyberspace_article.html

ADR Online: Legal Issues Concerning The Year 2000 "Millennium Bug"
By Jeff Jinnett

The well know computer problem, variously known as the "Year 2000", "Y2K", "Century Date Change" or "Millennium Bug" problem, faces many companies.  Though many computer experts have discussed many of the technical issues surrounding the Year 2000 problem, little has been published concerning the related legal issues. This article is intended to provide a summary discussion of some of the major legal issues which may arise due to the Year 2000.

Details: http://www.pli.edu/frm-book-lo.html

ADR Online: CDRC Standards Of Practice For California Mediators

The California Dispute Resolution Counsel recently unveiled a discussion draft of Standards of Practice for California Mediators.  Their goal is to solicit input on the draft from mediators throughout California and beyond.  They want this draft to truly encompass all of the styles and practices of mediation currently being practiced, while at the same time, guiding the high ethical standards required of mediators.  When completed and approved by their Board, these Standards will serve to as a resource for courts, legislators, educators, students and practitioners in the mediation field.

Details: http://www.mediate.com/wideopen/cdrc/articles/news_standards.htm

ADR Online: National Dispute Resolution Organizations Seek New Structure

"The National Association for Community Mediation, the National Institute for Dispute Resolution and its Conflict Resolution Education Network, and the Society of Professionals in Dispute Resolution have entered into an important negotiation, exploring the benefits of developing an organizational structure which allows closer collaboration. The three national dispute resolution organizations agreed to explore forms of confederation as a result of a conversation that representatives had in Washington, DC on May 14 and 15.  The Boards of each organization have agreed to a Memorandum of Understanding that sets a goal of developing a new structure within three years. They have also agreed to a set of principles that will guide their discussions. The negotiations are the result of a shared sense that a new structure offers opportunities for long term stability and for expanding the array of services available to each group's membership."

Details: http://www.spidr.org