Alternative Dispute Resolution

402 ABA Journal Alternative Dispute Resolution articles.

2nd Circuit upholds NFL decision, says Tom Brady must serve 4-game ‘Deflategate’ suspension

Noting that substantial deference is granted to labor arbitration awards, a divided federal appeals court panel on Monday reinstated a four-game suspension imposed on New England Patriots quarterback Tom Brady…

Is online dispute resolution the wave of the future?

Is online dispute resolution the wave of the future? Or is it a niche area that will always have applications in certain areas, but won’t be going mainstream anytime soon?

Will Consumer Financial Protection Bureau adopt rules to rein in mandatory arbitration clauses?

It seems likely that the Consumer Financial Protection Bureau will develop a rule to end the use of mandatory arbitration clauses by financial services companies such, as banks and credit…

Can son bind mother in nursing home to arbitration? Suit over slaying raises the issue

Lawyers will argue next month that a Massachusetts nursing home shouldn’t be able to force arbitration in a lawsuit over the death of a 100-year-old woman who was allegedly killed…

BigLaw firm billed for ‘outlandish’ Ritz-Carlton stays, first-class airfare, suit alleges

Updated: A suit filed by a bankruptcy trustee alleges Williams & Connolly’s legal bills for an arbitration “exceeded the bounds of reasonableness” and the expenses it incurred were “outlandish.”

The…

Suit accuses Fitbit of unfair practices for inaccurate pulse trackers, late-revealed lawsuit ban

A would-be class action lawsuit filed on Tuesday claims Fitbit engages in unfair trade practices by selling “wildly inaccurate” pulse trackers and informing consumers of a lawsuit ban after they…

Debt buyers use courts to collect debt, then cite arbitration clauses to deflect legal challenges

Debt collectors who buy up debt and sue to recover the money are deflecting class action suits challenging their practices with arbitration agreements purportedly signed by the debtors with their…

SCOTUS upholds contract ban on mass arbitration in second ADR case involving California law

DirecTV’s service agreement barring mass arbitration by its customers must be enforced by California courts, the U.S. Supreme Court has held in a 6-3 opinion considering the interplay of unusual…

Court-ordered mediation ends judge-prosecutor dispute; blanket disqualification motion is dropped

Mediation ordered by the chief justice of the Kentucky Supreme Court has apparently resolved a dispute between a Jefferson County judge and prosecutor.

Jefferson Circuit Judge Olu Stevens and Jefferson…

Customers suing over fake Wells Fargo accounts are sent to arbitration

Wells Fargo customers who tried to sue over fake accounts set up in their names have learned they can’t take their cases to the courthouse.

Federal and state judges in…

Chief justice orders mediation for top prosecutor and judge in dispute over Facebook posts

The chief justice of the Kentucky Supreme Court has ordered a Jefferson County judge and the commonwealth’s attorney into mediation to resolve a contentious dispute sparked by an issue over…

Buying a bamboo floor? This company requires religious arbitration; courts uphold clauses

Religious tribunals are being used in U.S. cases that go beyond spiritual questions to sort out allegations ranging from financial fraud to wrongful death.

Christian tribunals are getting a green…

Arbitration clauses effectively eliminate consumer rights for many, New York Times reports

Once virtually unheard-of, clauses requiring individuals to arbitrate consumer and employment disputes are now ubiquitous in documents ranging from applications for cable television service, a credit card or a bed…

Mediators find more tools through neuroscience
Mediators and other practitioners of alternative dispute resolution are using information gleaned from the research of world-class neuroscientists to calm emotions and help mediations resolve more easily. With the advent…
Consumer financial agency considers rules barring companies from blocking class actions

The Consumer Financial Protection Bureau is considering proposed rules that would bar consumer financial companies from using arbitration clauses to block class actions.

CFPB Director Richard Cordray announced the proposals…

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