Dispute ‘Arises’ Under EFAA at Time Disagreement Is Registered Cornelius brought sexual harassment claims against CVS. She complained to management numerous times between 2018 and 2021, but each complaint was rejected. She sued in 2023 after filing an EEOC charge in August 2022, and CVS moved to compel arbitration. The trial court granted CVS’s motion, … Continued
Every book and every lecture on how to improve negotiation results emphasizes the need to prepare. Indeed, in my book, Negotiation Simplified: A Framework and Process for Understanding and Improving Negotiation Results, I describe preparation as absolutely critical to achieving better results, and I devote nearly half of the book to preparation. It’s that important! … Continued
“Narcissist!” “Loser!” “Moron!” Labels can be destructive in conflict because they trigger biases and feed into cycles of misunderstanding. Whether the dispute is about discrimination allegations linked to someone’s protected identity, or parties are simply hurling offensive insults during the day-to-day dispute resolution process, conflict resolvers need tools to be ready to mitigate, and ideally … Continued
I. Voluntary or Mandatory? An Oxymoron Reconsidered Should mediation remain entirely voluntary, or should legal systems require parties to try it before stepping into court? This debate lies at the center of modern dispute resolution policy all over the world. Those defending voluntariness tend to emphasize the value of party autonomy, arguing that people who … Continued
The purpose of arbitration is elegantly summarized in the introduction to the CPR Non-Administered Arbitration Rules: “The primary objective of arbitration is to arrive at a just and enforceable result, based on a private procedure that is fair, expeditious, economical, and less burdensome and adversarial than litigation.” While most arbitrators would take no issue with … Continued
It seems you cannot listen to the news these days without hearing about a devastating flood, fire, hurricane, or other natural disaster. In the aftermath of disasters, the path to recovery is often fraught with legal, financial, and emotional obstacles. Among the most pressing challenges for affected individuals and communities are disputes related to insurance … Continued
I. Introduction As the number, cost, and complexity of legal disputes grow worldwide, so too does the importance of third-party financing mechanisms that promote access to justice. Litigation funding, now a multi-billion-dollar global industry, has transformed the ability of under-resourced claimants to pursue legitimate claims. But what if, instead of financing litigation, we could finance … Continued
If you find yourself in an international arbitration with Commonwealth-trained lawyers or tribunal members, when it comes to cross examination, beware the Rule in Browne v. Dunn!! 1 Well, at least be aware of it. In the last five years, a breach of the Rule has resulted in at least two English-seated international arbitration awards being overturned.2 The … Continued
Counsel has just received an order from the Civil Appeals Mediation Program (CAMP) for the Second Circuit requiring them and their clients to attend an appellate mediation. The appeal involves the district court’s decision granting a summary judgment motion in a breach of contract case. How does counsel begin to prepare? Each side likely will … Continued
Introduction Today, many online businesses require consumers to accept terms and conditions containing arbitration provisions. For such provisions to be enforceable, a binding contract must exist, meaning both parties must agree to the terms.1 Courts have struggled to determine “mutual assent” in the context of online contracts.2 A common form is the “clickwrap” agreement, where users … Continued