Elizabeth Chika Tippett, Assistant Professor and Conflict & Dispute Resolution Program Faculty Co-Director at the University of Oregon School of Law, and Bridget Schaaff, University of Oregon School of Law, have published “Misclassification in the Sharing Economy: It’s the Arbitration Agreements,” Rutgers Law Review, Forthcoming.
Continue reading...On the first day of its new term, the United States Supreme Court will hear oral argument regarding whether class-action waivers included in an employer’s arbitration agreement are lawful under the National Labor Relations Act.
Continue reading...Matthew A. Shapiro, Associate in Law at Columbia Law School, has published “Delegating Procedure,” Columbia Law Review, Forthcoming.
Continue reading...Yesterday, the United States House of Representatives voted 231 to 190 to repeal a new Consumer Financial Protection Bureau (“CFPB”) rule that prohibits most financial service providers such as banks and credit card issuers from requiring consumers to sign mandatory arbitration agreements that bar class-action lawsuits.
Continue reading...The United States District Court for the District of Columbia has denied a party’s motion to seal its petition to confirm an arbitration award and two attached exhibits.
Continue reading...The State of Connecticut has released statistics for its Foreclosure Mediation Program. The program allows borrower-occupants of a one, two, three or four family residential property located within the state to request mediation when facing judicial foreclosure. When a lender commences a foreclosure action, it must serve a notice to the homeowner along with a Foreclosure Mediation Certificate and an appearance request form. If a homeowner qualifies under the program and files an Appearance, the homeowner and lender then meet with a mediator employed by the State’s Judicial Branch in an effort to reach an agreement. Mediators used in the program must be “trained in all relevant aspects of the law, have knowledge of community-based resources and mortgage assistance programs and refer homeowners to these programs when appropriate.” Once an Appearance has been filed, no judgment of foreclosure may be entered until the mediation period has expired or otherwise terminated. Under the program, the mediation process is designed to address all issues of foreclosure including reinstatement of the mortgage, restructuring of the mortgage debt and foreclosure by decree of sale. Between July 1, 2009 and June 30, 2010, 26,510 foreclosure cases were filed in Connecticut and 21,174 cases were eligible for mediation under the program. Of those cases, a Foreclosure Mediation Certificate was filed in 47 percent, or 9,865, cases. An overview of the program may be found on the State of Connecticut Judicial Branch website. A copy of the Foreclosure Mediation Program statistics by county may be viewed here. Disputing has recently discussed similar programs which offer foreclosure mediation to borrower-occupants in both Hawaii and Florida. In Hawaii, 27 of the 31 home foreclosure cases that qualified for its Mortgage Foreclosure Pilot Program between November 2009 and June 30, 2010 requested mediation. In contrast, less than half of homeowners facing foreclosure in Miami-Dade County, Florida have complied with state-mandated mediation since January. Technorati Tags: ADR, law, mediation
Continue reading...Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.
Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.
To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.