Alternative Dispute Resolution

398 ABA Journal Alternative Dispute Resolution articles.

The new world of litigating workplace disputes with social media

Social media has undoubtedly changed the way we communicate, receive news and stay connected in our personal lives. But social media is a headache, once we consider legal and compliance best practices when such interactions in the workplace go awry.

Amid cries of ‘defund the police,’ Minneapolis city council majority pledges dismantling

As protesters across the nation have chanted “defund the police,” the Minneapolis city council plans to take action. A veto-proof council majority said it would be dismantling the police department and redefine the city’s system of public safety.

Minnesota launches civil rights probe of state police department in hopes of bringing change
The Minnesota Department of Human Rights hopes to change policing practices of the Minneapolis Police Department through a civil rights investigation and consent decree.
Potential jurors questioned via Zoom for summary jury trial in Texas
Potential jurors were questioned in Texas on Monday in what may be the first Zoom jury trial during the COVID-19 pandemic.
Lawyer and startup resort to mass filings to fight company bans on class arbitration
A startup called FairShake and a lawyer from Chicago are challenging corporate bans on classwide arbitration by filing a deluge of arbitration claims against companies.
Online and ‘intelligent’ dispute resolution benefits are touted at ABA Techshow

With online dispute resolution and “intelligent” dispute resolution, people can reach an agreement without stressful and expensive court proceedings, said Shannon Salter and Jonathan Verk at a Thursday morning panel at the ABA Techshow 2020 in Chicago.

Online courts, the future of justice and being bold in 2020

Ari Kaplan recently spoke with Richard Susskind, who has worked on technology for lawyers since 1981. He is the author of a newly released book, Online Courts and the Future of Justice.

Fast track: A 4-time Olympian takes her luge experience to the classroom

Fear and luge are not compatible. Cameron Myler—a four-time Olympian who spent countless hours lying on her back on a tiny sled, feet stretched out in front of her, hurtling down an icy track without brakes—would know. “Luge is not a good sport if you are afraid,” says Myler, a co-vice-chair of the ABA Business Law Section’s Sports Law Committee.

More corporate counsel predict a rise in disputes, signaling a need to prepare for ‘turbulent times’
Some corporate counsel are failing to embrace the most effective measures to mitigate litigation risk, despite an increase in the percentage of companies anticipating an uptick in disputes, according to a survey by Norton Rose Fulbright.
What are ombuds? The ABA provides a primer on special day

The term ombudsman has been around for nearly 300 years in Scandinavia and since the 1960s in the United States, so why do many of us still not know what it means? The ABA Dispute Resolution Section Ombuds Committee is working to change that with the second celebration of Ombuds Day on Thursday, Oct. 10.

A group of Harvard law students is trying to get rid of mandatory arbitration clauses

The People’s Parity Project launched in 2018, when the #MeToo movement began drawing attention to mandatory arbitration employment disputes involving sexual harassment and gender discrimination.

Did BigLaw arbitration agreement include a ‘firm always wins’ clause? Battle unfolds in SCOTUS briefs

Winston & Strawn is asking the U.S. Supreme Court to grant cert and reverse a California appellate decision that invalidated an arbitration agreement signed by a former partner who is…

Fake lawyer pleads guilty; he created website using Cravath bios

A 23-year-old Tennessee man pleaded guilty Tuesday for holding himself out as a lawyer from an elite law school and collecting fees from would-be clients.

John Lambert, whose fake attorney…

Former ABA president dies at 85; he was ‘a champion’ for the rule of law and open government

Talbot “Sandy” D’Alemberte—a former ABA president who championed the rule of law throughout the world—died Monday at age 85.

D’Alemberte was ABA president from 1991 to 1992 and helped found…

Jay-Z’s ADR problems: Mogul’s case spotlights lack of diverse arbitrators

In a dispute stemming from the $200 million sale of his clothing line, rapper and entrepreneur Jay-Z (whose real name is Shawn Carter) in November challenged an arbitration clause as discriminatory, stating it would force him to select an arbitrator from a list nearly devoid of his ethnic group.

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