Magazine Archive
BUYER BEWARE: Do You Know What's in those Boilerplate Arbitration Clauses and Rules?
Choosing Arbitration Provisions & Rules in the Wake of Monster Energy Co. v. City Beverages There has long been controversy in drafting of commercial contracts whether to “adopt” clauses and rules from one of the ADR providers or write your own. Many commentators favor drafting the parties’ own appropriate ADR provisions at the pre-dispute contract...
Read ArticleRethinking Civil Mediation: Lessons from “Social Distancing” and Family Law
Read ArticleOnline Mediation: COVID-19 and Beyond
Two months ago the idea of online mediation simply sounded “intriguing.” COVID-19 changed the interest level substantially. Lawyers, clients, principals and meditators need to understand online mediation and know that it can be effective, can be trusted and has benefits that will last beyond COVID-19. Below we consider the needs, interests and best practices of...
Read ArticleCreating Chemistry in Online Mediation
For a mediator, establishing a connection at the outset of a mediation with the parties is essential. When we first meet someone, we are immediately evaluating a person’s warmth and competence, asking ourselves, “Can I trust and respect this person?”[1] This can be even more challenging when a mediator is meeting parties for the first...
Read ArticleContractual Waiver of Public Injunctive Relief in Arbitration Agreements:
MCLE SELF STUDY Conflicting Federal Interpretation of the McGill Rule Public injunctive relief is injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public.[1] In 2017, the California Supreme Court in McGill v. Citibank, N.A. held that contractual arbitration agreements waiving public injunctive...
Read ArticleVolunteer Mediators Serving Our Community
As attorneys or mediators, we become accustomed to dealing with a myriad of legal maneuvers. Manufacturing legalese on paper, making the rounds of courthouses and constantly consulting with clients on their needs and next best steps, we are comfortable in our legal world, content in our firm grasp of the law and procedure. We all...
Read Article