The Global Pound Conference (“GPC”) Series is collecting votes from dispute resolution community stakeholders regarding “how to shape the future of commercial dispute resolution and improve access to justice in the 21st century.”
Continue reading...Kristen Blankley, Associate Professor of Law at the University of Nebraska College of Law, has published a thoughtful article titled “Is a Mediator Like a Bus? How Legal Ethics May Inform the Question of Case Discrimination by Mediators,” Gonzaga Law Review, Vol. 52, No. 2, 2017.
Continue reading...The United States Court of Appeals for the Second Circuit has ruled that an ExxonMobil Oil Corporation subsidiary may not enforce a $188 million International Center for Settlement of Investment Disputes (“ICSID”) arbitral award against the Venezuelan government in the United States without first complying with the notice requirements provided for in the Foreign Sovereign Immunities Act (“FSIA”).
Continue reading...Last week, the Consumer Financial Protection Bureau (“CFPB”) finalized a new rule that prohibits most credit card issuers and banking institutions from requiring consumers to enter into mandatory arbitration agreements that bar collective action lawsuits.
Continue reading...A New York federal judge has dissolved a temporary restraining order and ruled the National Football League Players Association (“NFLPA”) failed to establish a Dallas Cowboys running back’s controversial six-game suspension was fundamentally unfair.
Continue reading...In January, the Florida Supreme Court ordered mediation on all home foreclosure cases. According to Miami Today, less than half of homeowners in Miami-Dade County have complied with state-mandated mediation since January. Miami-Dade County is one of three Florida counties that ran a managed mediation pilot program prior to the state-mandated mediation order. The Mortgage Foreclosure Mediation Program administered by the non-profit Collins Center for Public Policy (Collins Center) has contracted with Miami-Dade County to provide mediation services to homeowners in the county facing foreclosure. Although lenders are charged a fee, the one to two hour program is free to homeowners. In Miami-Dade County, the Collins Center sends three written notices to a homeowner and makes four phone calls regarding their option to engage in mediation once a foreclosure is filed with the courts. If a homeowner does not respond within 30 days after mediation services are offered, the Collins Center notifies the court handling the foreclosure. Only then will the court move forward with the case. Borrowers are also provided one last chance to agree to mediation if they appear in court. Approximately 5,700 mediation meetings were completed in Miami-Dade County since the program started in May 2009 and an additional 1,100 are currently scheduled. Although less than half of homeowners in the county have complied with state-mandated mediation since January, only 24,064 foreclosure actions were filed this year against homeowners in Miami-Dade County. That number is less than half the 64,001 foreclosure cases filed in 2009. The Collins Center believes the number of homeowners pursuing the mediation option is low because it is difficult for homeowners to distinguish between legitimate and predatory foreclosure assistance programs. Since the mediation program took effect in all of Florida, the Collins Center has held more than 8,000 mediations statewide. You can read the entire article here. Last week, “Disputing” discussed the mid-year statistics for the Third Circuit Court of Hawaii’s Foreclosure Mediation Pilot Project here. In contrast to the Florida program, 27 of the 31 home foreclosure cases that qualified under the Hawaii program between November 2009 and June 30, 2010 requested mediation. 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.