Larson Frisby, of the ABA Governmental Affairs Office, recently offered an update on the status of federal ADR legislation and other related measures. Some of the most interesting proposals are briefly described below. ...
Tag Archives: Public Policy
In the final report from the June 2015 convening of the UIA World Mediation Forum, Elena Koltsaki of Thessalonia, Greece, led a panel addressing online dispute resolution (ODR) from an EU perspective. She noted two principles at the outset: First, a central goal of EU regulation is consumer protection and the...
The 21st meeting of the UIA’s World Forum of Mediation Centers took place in beautiful Amsterdam on June 5 and 6, 2015. Co-Presidents Fabienne van der Vleugel and Colin Wall welcomed delegates mainly from Europe and the United States. The first topic discussed was the use of mediation in public...
Professor Stacie Strong of the University of Missouri has announced a student writing competition to prompt critical thinking on the dispute resolution ramifications of the events surrounding the killing in Ferguson, Missouri and elsewhere. The details of the competition are below. It will be interesting to see what examples of...
As recently as 1995, the Supreme Court observed, in First Options of Chicago v. Kaplan, that arbitration was a creature of contract: "[A] party who has not agreed to arbitrate will normally have a right to a court's decision about the merits of its dispute." Yet what constitutes an agreement to...
The Ninth Circuit, and California courts in particular, have been very strict in maintaining the confidentiality and inadmissibility of statements made during mediation. Two recent cases have allowed such statements to be admitted, on interesting grounds. An Arizona District Court decision allowing mediation statements was affirmed by the Ninth Circuit...
The Unified Court System of the State of New York is considering a modification to its Rules that would require attorneys to include in their letters of engagement reference to the ADR options and resources available at the courts' web site. The proposal (available here) is subject to public comment until...