Alternative Dispute Resolution

405 ABA Journal Alternative Dispute Resolution articles.

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.

Dispute over White House aide’s hush agreement should be tossed from federal court, DOJ argues

The U.S. Department of Justice has asked a federal judge to toss a lawsuit filed by a former White House communications aide who is seeking to prevent enforcement of a…

Lawyer accused of groping two employees can’t force suits into arbitration, appeals court rules

A Michigan personal injury lawyer accused of groping a receptionist and a paralegal can’t compel arbitration of their harassment lawsuits, a Michigan appeals court has ruled.

The mandatory arbitration agreement…

Google ends mandatory arbitration of workplace disputes and ban on employee class actions

Google will end mandatory arbitration of employment disputes beginning March 21, expanding its previous decision to end forced arbitration only in cases of alleged sexual harassment or assault.

Google announced…

ABA House urges legal employers not to require mandatory arbitration in an expanded variety of claims
In furtherance of the ABA's goal of ensuring justice for all, Resolution 107B asks legal employers not to require mandatory arbitration of unlawful discrimination, harassment or retaliation claims "based upon race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity or expression, marital status, genetic information or status as a victim of domestic or sexual violence."
Lawyer says dispute over $300 in unpaid wages cost him about $100,000

A Southern California lawyer says he’s giving up the fight after a dispute regarding a former employee’s claim for about $300 in unpaid wages cost him about $100,000.

The lawyer,…

Kavanaugh’s first Supreme Court opinion says courts have to respect parties’ decision on arbitration
Justice Brett M. Kavanaugh issued his first opinion for the U.S. Supreme Court on Tuesday. The unanimous opinion held that federal judges don’t have the authority to decide whether a dispute can be arbitrated when the contract gives the decision to the arbitrator.
CBS paid $9.5M to settle actress’s sexual harassment claim after company lawyer’s strategy backfired

CBS paid $9.5 million to settle a sexual harassment claim by Bull actress Eliza Dushku after a network lawyer released outtakes from the show in the mistaken belief that film…

Nonlawyer staff members at Kirkland no longer will be required to arbitrate workplace disputes

Kirkland & Ellis has once again announced an end to a policy requiring mandatory arbitration of workplace disputes.

In late November, Kirkland announced it would no longer require mandatory…

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