Our good friend Paul Lurie advises of new frontiers for his capable dispute resolution approach, “Guided Choice”: Read more »
On December 10, 2015, the Oregon Supreme Court released an opinion in a case that required it, for the first time, to consider whether a client may assert a claim for legal malpractice relying upon factual allegations that reveal the substance of communications made in the course of, or immediately after, a mediation process. Though relying upon Oregon law, the analysis is extraordinarily reasoned and yields an outcome that is more nuanced and (perhaps) more useful generally that the series of opinions that the California courts have offered on the subject.
The Consumer Financial Protection Bureau is preparing to propose regulations addressing what it perceives as unfair and exploitative practices by organizations in their treatment of consumers. In its snappily-titled October 7, 2015 Outline of Proposals Under Consideration and Alternatives Considered, the Bureau tentatively proposed to:
(1) bar class action waivers in mandatory pre-dispute arbitration clauses, rendering “inapplicable” any consumer arbitration agreement that purports to bar participation in a “case filed in court on behalf of a class” (but not, presumably, a case filed in arbitration on behalf of a class);
(2) require reporting to the CFPB of initial claim filings and written awards of consumer finance arbitration proceedings; and
(3) publishing the claims and awards thus gathered to the Bureau’s public web site. Read more »
The International Mediation Institute seeks participants in a brief survey (they claim it takes 7 minutes but heck, I’ll even give them eight!). The Institute explains:
IMI launches initiatives to promote worldwide growth of practical and sustainable conflict resolution systems. By completing the survey we can:
Find out what matters most to you about resolving conflicts,
Tell others what you are up against when it comes to conflict management,
Grow mediation by building awareness and support, and
Enhance the IMI organization to make it fit for YOUR needs.
The survey can be linked by clicking here.