News & Analysis as of

Mediation Appeals

Haynes Boone

Arbitration in the Fifth – June 2025

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June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more

McGlinchey Stafford

AAA Overhauls Its Consumer Arbitration Rules

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On May 1, 2025, the American Arbitration Association’s (AAA) new amendments to the Consumer Arbitration Rules officially went into effect. While not a complete overhaul, the revisions impact many of the existing rules while...more

Bradley Arant Boult Cummings LLP

AAA Updates Consumer Arbitration Rules: What Businesses Need to Know

The American Arbitration Association (AAA) recently rolled out significant updates to its Consumer Arbitration Rules and Mediation Procedures, which took effect on May 1, 2025. These changes reflect AAA’s continued commitment...more

Troutman Pepper Locke

AAA Unveils Significant Revisions to Consumer Arbitration Rules

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The American Arbitration Association (AAA) has announced revisions to its Consumer Arbitration Rules effective May 1, 2025. The revised rules can be found here and the AAA’s announcement of the rules here. Prior to amending...more

Foodman CPAs & Advisors

IRS Pilot Mediation Programs

On 1/15/25, the IRS announced three pilot programs to test changes to existing Alternative Dispute Resolution (ADR) programs. The new IRS Pilot Mediation Programs are designed to help taxpayers resolve tax disputes earlier...more

Fuerst Ittleman David & Joseph

Does the Failure to Comply With a Pre-suit Mediation Clause Result in the Waiver of the Right to Arbitration? Only the Arbitrator...

Florida’s Second district court of appeal recently issued another opinion in the long line of decisions to determine the gatekeeping question of arbitration under the Revised Florida Arbitration Code, §§ 682.01, Fla. Stat.,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable

In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more

Walkers

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

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In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more

Maron Marvel

White Paper: Navigating the Growing Risk of Large and Nuclear Verdicts

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The risk of a large verdict has always been a major factor in any litigation. In recent years, the potential for a punitive damages instruction reaching a jury and a consequent verdict has grown as well. US juries have not...more

Cooley LLP

Court of Appeal Holds That Courts Can Order Parties to Engage in Dispute Resolution

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The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a...more

Miles Mediation & Arbitration

Mediating Negligent Security Cases: Issues and Strategies for Plaintiffs and Defendants

In the last few years, I have been fortunate to have attorneys and their clients trust me as their mediator in a significant number of high-exposure negligent security cases. Negligent security cases can offer a variety of...more

McDermott Will & Schulte

This Week in 340B: July 2023 #4

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

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At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Bradley Arant Boult Cummings LLP

Circuit Split on Incentive Payments to Class Representatives Deepens

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements...more

Proskauer - Minding Your Business

SORT IT OUT! The English Courts Take a Step Towards Mandatory Mediation

Mediation is globally recognized as an effective dispute resolution mechanism. A trained mediator can assist apparently diametrically opposed parties in finding a resolution that avoids the time and costs of court...more

Bradley Arant Boult Cummings LLP

Read Your Contract: It May Cost You Your Arbitration Award

Imagine receiving an arbitration award in favor of your client. You move to confirm the award, and the award is vacated because the parties failed to mediate prior to arbitration. That is exactly what happened in Burke v....more

A&O Shearman

‘Without prejudice’ mediation materials admissible to uphold settlement agreement

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This Court of Appeal ruling considers the ambit of existing exceptions to the ‘without prejudice’ rule. The defendant was successful in getting statements made in ‘without prejudice’ mediation position papers admitted in...more

Downey Brand LLP

Court May Compel Mediation of California Trust Disputes

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Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes. In Breslin v. Breslin (Case No. B301382, decided...more

NAM (National Arbitration and Mediation)

CCBJ Interview With Hon. David B. Saxe (Ret.) | With Court Cases Backlogged And Potential Delays Inevitable Post-COVID, ADR Stands...

The Honorable David B. Saxe (Ret.), neutral with NAM (National Arbitration and Mediation), discusses the ways that his experience as a judge and a lawyer inform his ability as a neutral; the advantages of alternative dispute...more

JAMS

Eleventh Circuit Decision Prohibits Incentive Awards for Class Reps

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On September 17, 2020, the U.S. Court of Appeals for the Eleventh Circuit issued a bombshell decision: A court may not award an incentive fee to a class representative. This is surprising, if not shocking, as it is standard...more

Carlton Fields

Don’t Lead Me On: Georgia Court of Appeals Finds Insurance Company Did Not Mislead Insured and Therefore Did Not Waive Policy’s...

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Insurance policies often contain “limitation-of-action” or suit limitation provisions, which contractually reduce the statute of limitations for an insured to assert a claim against an insurer. Depending on the state, such...more

Fox Rothschild LLP

Court Of Appeals Revises Appellate Mediation Procedures In Light Of COVID-19

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The Court of Appeals has new COVID-19 procedures for its voluntary appellate mediation program. The full document is here, but highlights include: 1.For mediation deadlines that fall between March 27 and April 30, parties...more

Tucker Arensberg, P.C.

Barton Doctrine Applies to Special Discovery Mediators in Bankruptcy Courts

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In an unpublished opinion, Bander v. Isaacson, 2020 WL 1744539 (9th Cir. Apr. 8, 2020), the Court of Appeals for the Ninth Circuit addressed whether the Bankruptcy and District Courts had properly required potential litigants...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Limits Reach of Arbitration Agreements, Finds “Pay Your Own Fees” Clause Unenforceable

On November 22, 2019, the United States Court of Appeals for the Eleventh Circuit, the court with jurisdiction over Alabama, Florida, and Georgia, handed down a decision that invalidates certain provisions in arbitration...more

Jones Day

Jones Day Presents: Strategies for Dealing with IRS Appeals: When Exam Attends the Appeals Conference

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In this installment of Jones Day's continuing series of videos focusing on tax disputes, partner and tax litigator Chuck Hodges explains the Appeals Judicial Approach and Culture ("AJAC") Project's rules and procedures and...more

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