ABA Journal

Alternative Dispute Resolution

422 ABA Journal Alternative Dispute Resolution articles.

SCOTUS rules for US citizen who says return of her child to Italy poses grave risk of harm

The U.S. Supreme Court ruled Wednesday that U.S. courts can refuse to return children to their home countries in situations posing a grave risk of harm without considering all measures that could reduce the risk.

GEICO can’t relitigate $5.2M award for car-sex STD after refusing to defend car owner, appeals court rules

GEICO had no right to relitigate a $5.2 million arbitration award to a woman who contracted a sexually transmitted disease in a car insured by the company, a Missouri appeals court has ruled.

Judge allows counterclaim alleging Brown Rudnick ‘radically’ exceeded its fee estimates

A federal judge in Boston has refused to dismiss a counterclaim alleging that Brown Rudnick overstaffed an arbitration case, causing it to “radically” outpace fee estimates.

Tennessee court pilots new ODR platform to mediate medical debt disputes

One Tennessee small claims court is attempting to address this issue by piloting an online dispute resolution platform to keep medical debt collection out of the courtroom. Through the platform, patients can communicate with the hospital or health center about payment options and ways to potentially reduce their bills, and they can use the pro bono services of a trained mediator to reach a settlement, if needed.

Are you completely honest in negotiations? ‘Game frame’ lawyers are less likely to correct misimpressions, new study says

Lawyers who see negotiation as a game to win are less likely to be completely honest with opposing counsel, according to a new study published in the Negotiation Journal.

With alternative dispute rising in popularity, this platform aims to help mediators and arbitrators

A lawyer realized that there were limited tech options to assist him in the alternative dispute resolution realm, so he and his wife developed a technology platform for mediators and arbitrators.

Jones Day settles bias suit by fired paralegal who claimed she was given more work than white colleagues

Jones Day has settled a Haitian-born paralegal’s discrimination lawsuit alleging that she was given more work than white staff members and was belittled for working overtime to complete it.

Congress passes bill banning forced arbitration of harassment and sexual assault claims

A bill that bans forced arbitration of disputes involving sexual assault and harassment is on its way to President Joe Biden after the U.S. Senate approved the measure by voice vote Thursday.

Litigation funder’s contracts leave some lawyers owing double the amount borrowed

Lawyers who received litigation funding from Pravati Capital are sometimes tripped up by contract provisions that leave them owing more than double the amount that they borrowed.

Kirkland & Ellis apparently wins huge fee in contingency case

Kirkland & Ellis has apparently received a $200 million contingency fee in its representation of a company claiming that its purchase of chemical businesses was marred by the seller’s fraud and breach of contract.

Litigants claiming GEICO auto policy covers STD from car sex can’t proceed anonymously, judge rules

A car owner and his sexual partner can’t keep their names secret in litigation over their claim that GEICO’s auto and umbrella policies cover damages for a sexually transmitted disease contracted during sex in the insured car.

Online dispute resolution promises to increase access to justice, but challenges remain

Court leaders say an online dispute resolution program, known as LA-ODR, is part of their ongoing efforts to enhance access to justice for self-represented litigants through the use of technology. A 2019 California Justice Gap Study found that 55% of Californians at all income levels experienced at least one civil legal problem in their household in the prior year, but nearly 70% of them received no legal assistance.

Arbitrator holds Trump’s ‘unreasonable’ nondisclosure pact with Omarosa Manigault Newman is ‘unenforceable’

An arbitrator has ruled that former President Donald Trump cannot enforce a nondisclosure agreement with Omarosa Manigault Newman, a former White House aide and a contestant on The Apprentice.

Weekly Briefs: DOJ opposes Purdue Pharma bankruptcy deal; California bill bans ‘stealthing’

DOJ seeks to stop Purdue Pharma bankruptcy plan

The U.S. trustee for the Justice Department has filed a motion to halt a judge’s approval of a controversial bankruptcy plan for…

Copyright lawyer with ‘ignominious record’ must pay over $100K in sanctions, 2nd Circuit says

A federal appeals court has upheld sanctions of more than $100,000 against copyright lawyer Richard Liebowitz for lying to a New York federal judge and violating his orders.

Read more ...