Is your unfavorable arbitration award confidential? Probably, but only if you comply with it. Unfortunately, some parties use the Federal Arbitration Act’s (FAA) confirmation process to make an end-run around arbitral confidentiality clauses. The trick works like this – the prevailing party seeks to confirm the confidential award (whether it has been satisfied or not), … Continued
Co-mediation can be a terrific opportunity for parties and mediators alike. It can enhance the effectiveness and efficiency of the mediation process, leading to better outcomes for all parties involved. It can also help mediators learn and refine their skills. However, co-mediation is not appropriate for all cases, and without proper preparation by the mediators, … Continued
Clickwrap Agreement To Arbitrate Enforced An Uber passenger, Wu, brought a personal injury action against the company. Months later, Uber updated its terms of service for all of its users in the United States, which included the requirement that all disputes and claims against it were to be subject to arbitration. The terms of use, … Continued
As artificial intelligence (AI) continues to draw our attention, imagination and concern, this article focuses on the laws and regulations that have been adopted to begin to regulate the use of this technology in the insurance industry. These initiatives identify the current concerns of regulators in connection with AI and insurance. This article offers ADR … Continued
The 2008 vol. 1, no. 1 issue of this journal features a welcome by our first chair, Simeon Baum and a message from our first editor in chief, Edna Sussman. In the spring of 2010 (vol. 3), Laura Kaster became a co-editor. And in the spring of 2014 (vol. 7, no. 1), Sherman Kahn joined … Continued
Legal mentorship has long played a pivotal role in the professional development of junior attorneys. While much has been written about the mentor’s role in this relationship, far less has been written about the role of the mentee and, specifically, the attitudes and behaviors that contribute to a successful mentee experience. This article attempts provide … Continued
International commercial arbitration has long been touted as the most efficient method of dispute resolution for cross-border business disputes. Yet, for decades, businesses and commentators have criticized the process as too slow and expensive and for sharing many of the downsides of litigation in formal court systems. These criticisms often take the form of laments … Continued
In June 2024, the New York City Bar Association issued a report entitled “Mediation Confidentiality in New York State: Overview of the Current Regulatory and Institutional Landscape and Subcommittee Recommendations,” which revealed the gaps in New York State’s rules on mediation confidentiality.1 Given the increased use of court-mandated and private mediation, the report contains significant findings … Continued
Our effervescent and inspiring colleague, Elayne E. Greenberg, professor of legal practice and director of the Hugh L. Carey Center for Dispute Resolution at St. John’s Law, recently passed away.1 We are all saddened by our loss, but she leaves behind a remarkable legacy in our field and our community Alternative Dispute Resolution (ADR) community.2 Professor … Continued
As I assumed my role as the new chairperson of Dispute Resolution Section of the New York State Bar Association, on June 1, 2024, I was cognizant of standing on the shoulders of those predecessors who were prescient enough to foresee the important role dispute resolution would play in the U.S. legal ecosystem of the … Continued