Alternative Dispute Resolution

399 ABA Journal Alternative Dispute Resolution articles.

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…

Judge on Trump’s Supreme Court short list proposes discovery ban for cases worth less than $500K

A judge who was on President Donald Trump’s Supreme Court short list had a surprising proposal to provide quicker federal trials during a Federalist Society panel last month.


Can restorative justice bring healing in sexual misconduct cases?

Restorative justice for the accused or the accuser can be used in situations where all parties to an incident are not present, and it’s been done in situations involving both sexual assault and sexual harassment, Lorenn Walker says.

House of Delegates urges end to mandatory arbitration of sexual harassment claims

After a year in which sexual harassment in the workplace has taken center stage, the ABA House of Delegates voted to urge legal employers not to require mandatory arbitration of such claims.

Judge says narrow drafting dooms bid by Trump campaign to arbitrate bias suit

A narrowly drafted arbitration clause in a confidentiality agreement doesn’t require arbitration of a bias suit filed by a former Trump campaign staffer, according to a New York judge.


Reforming law school: Start with the end in mind
Last month, I wrote here about some potential changes to legal training in the United States, based on my own experience and conversations within and outside both the industry and country. The response was overwhelmingly positive from those who understood that I am trying to improve our profession for lawyers and clients alike.
Uber and Lyft end mandatory arbitration for sexual assault claims
Uber and Lyft have ended forced arbitration for sexual assault cases brought by passengers, drivers and employees.

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States should postpone in-person bar exams during COVID-19 pandemic, ABA House says
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Your Voice
Lawyers' thoughts and actions should promote peaceful resolution
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2020 Harvard Law grad postpones bar exam and her wedding plans because of COVID-19
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