Supreme Court Grants Cert. Petition in Arbitration Case

On Tuesday (Feb. 22), the Supreme Court granted a cert petition in Stok & Associates v. Citibank, Docket 10-514. The issue presented is: “Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver … Continue reading Supreme Court Grants Cert. Petition in Arbitration Case

National Mediation Conference – Australia

The National Mediation Conference in Australia has made the proceedings of its biennial gathering available online at http://www.mediationconference.com.au/.  Included in the materials online are podcasts of more than fifty presentations by prominent mediation figures from across Australia.  You’ll also find Alain Lempereur’s keynote address there, discussing his “track 1-and-a-half” efforts at mediation-meets-diplomacy in Burundi.  Kudos … Continue reading National Mediation Conference – Australia

Settlements and Fees for Prevailing Parties

From the National Law Journal earlier today (available here): “1st Circuit deems plaintiffs who achieved settlement ‘prevailing parties’ entitled to fees” by Sheri Qualters Parties who achieve litigation goals through settlement, as opposed to a verdict or a formal consent decree, are nonetheless “prevailing parties” eligible for attorney fees, the U.S. Court of Appeals for … Continue reading Settlements and Fees for Prevailing Parties

Question of “Bad Faith” Mediation reaches Nevada Supreme Court

Last week, the Nevada Supreme Court heard arguments in a case alleging that a lender participated in Nevada’s mandatory foreclosure mediation program in bad faith. The 2009 law that established the program allows district court judges to sanction parties if they are found to have acted in bad faith. The homeowners argued that the lender … Continue reading Question of “Bad Faith” Mediation reaches Nevada Supreme Court

More FINRA Dispute Resolution Arbitration-Related Rule Proposals

FINRA continues to revise its Codes of Arbitration Procedure in response to developments in arbitration practice. This week FINRA filed with the SEC two new rule change proposals: (1) to codify current practice that parties have the right to reply to responses to motions within five days of the response; and (2) to eliminate the … Continue reading More FINRA Dispute Resolution Arbitration-Related Rule Proposals