Archive for February, 2012

Stipanowich Proposes a Clever Work-Around for Consumer/Employment Arbitration

Prof. Thomas Stipanowich writes a lot and writes well — two gifts that don’t always go together.  His most recent article, for the Kansas Law Review, addresses the concern he has always had that arbitration be — and be perceived to be — fair.  Stipanowich is worried that recent Supreme Court rulings may permit (and even reward) unfair arbitration schemes, and he proposes a solution that is both old and new.

Click here for the full article, which proposes an “Arbitration Index.”

Tom Prolific:       

Read more »

Hybrid ADR Processes

Med-Arb and other hybrid processes have been received with reluctance in the United States and UK, mainly because of ethical concerns of the arbitrator.  Outside of common law countries, however, the legal culture has been more welcoming to the involvement of an adjudicator — whether a judge or an arbitrator — in settlement discussions. This range of views was the topic of a panel discussion at the UIA’s recent World Mediation Forum in Lisbon, Portugal.

Read more »