Alternative Dispute Resolution

Incorporating AAA Rules by Reference Won’t Work with Consumers

Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.

IWIRC Program: Balancing the Ticket: Mediation Strategies in Bankruptcy Disputes

Small Business Trustee as a Mediator-ish Facilitator: A Proposal

April 2020

Mediating with a Higher Power: Mediation of Disputes with Governments and Governmental Agencies: Part I

Mediating with a Higher Power: Mediation of Disputes with Governments and Governmental Agencies: Part II

Benchnotes January 2020

Jan 2020

Another Appellate Court Bars Arbitration of ‘Core’ Claims

State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.

Fifth Circuit Still Precludes Arbitration of ‘Core’ Bankruptcy Issues

Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.

Proceedings for Contempt Discharge Held Not Subject to Arbitration

Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.

Mediating with Unrepresented Parties: Pitfalls and Pointers

Nov 2019