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All articles tagged '"binding arbitration"'
85 articles found
What if there is an Insurance Claim Involved in my Mediation?
By Victoria VanBuren - July 29, 2011
Liability insurance policies often contain alternative dispute resolution clauses, including: (1) Binding arbitration only; (2) Mediation and, if mediation is unsuccessful, then binding arbitration; (3) Election between mediation and arbitration, with insured having veto power over the insurer’s selection; and (4) Mediation or binding arbitration with a waiting period before suit is filed if mediation is selected. See Ernest Martin, Jr, Hot Tips
U.S. Arbitration and Mediation Legislative Update | July 2011
By Victoria VanBuren - July 12, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Arbitration Fairness Act of 2011. Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbit
U.S. Arbitration and Mediation Legislative Update | June 2011
By Victoria VanBuren - June 13, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Arbitration Fairness Act of 2011. Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbit
Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope
By Beth Graham - April 19, 2011
The Texarkana Court of Appeals has upheld a mediation settlement agreement (“MSA”) in a divorce proceeding where the mediator was called upon to resolve a factual dispute concerning the scope of the mediation. In In re Allen, No. 06-10-00085-CV (Tex. App. – Texarkana, March 30, 2011), Daphne and James Allen entered into a mediation settlement agreement during divorce proceedings which resulted in the division of a large piece of property that inc
N. D. of Texas Compels Arbitration in an Age and Race Employment Dispute
By Beth Graham - February 14, 2011
The Northern District of Texas has ordered binding arbitration in an age and race dispute with an at-will employee where an arbitration policy was implemented several years after employment began and the employee continued working after receiving notice of the policy. In Robertson v. U-Haul Co. of Texas, No. 3:10-CV-2058-D, (N. D. Tex., February 7, 2011), John Robertson sued U-Haul Co. of Texas (“U-Haul”) “for age and race discrimination under th
GUEST-POST | Is Arbitration the “New Litigation”?: The Choice is Yours
By Beth Graham - January 25, 2011
by Thomas J. Stipanowich (Editor’s note: An earlier version of this posting was published in the Los Angeles and San Francisco Daily Journals.) “Because of expense and delay, both civil bench trials and civil jury trials are disappearing.” So says a task force co-sponsored by—of all groups—the American College of Trial Lawyers. Litigation often costs so much and takes so long, they acknowledge, that parties nearly always settle or stop suin
Western District Compels Arbitration Where Contractor Had Sole Discretion to Arbitrate
By Beth Graham - December 13, 2010
The Western District of Texas has compelled arbitration where the parties to a construction contract entered into an agreement which provided only one party with the discretion to submit any disputes to binding arbitration. In United States ex rel. Gillette Air Conditioning Co. v. Satterfield & Pontikes Constr., No. SA-10-CV-778XR, (12/7/2010), Satterfield & Pontikes Construction Inc. (Satterfield) entered into a subcontract with Gillette
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - August 9, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: The Agricultural Credit Act of 2009 would reauthorize state agricultural mediation progr
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - July 5, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year En
U.S. Arbitration and Mediation Legislative Update
By Victoria VanBuren - June 9, 2010
The following bills relating to alternative dispute resolution were introduced by the 111st U.S. Congress. The session will last from January 3, 2009 until January 3, 2011. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Stay tuned to Disputing for more legislative updates! Bills that passed: “An Act Making Appropriations for the Department of Defense for the Fiscal Year En
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