The National Arbitration Forum Blog

National Arbitration Forum Ends Administration of Consumer Arbitrations

2009-07-23T14:19:00.000-05:00

Within the last week, as part of a settlement with the Minnesota Attorney General, the National Arbitration Forum decided to voluntarily cease accepting new consumer arbitration case filings in response to mounting legal and legislative challenges.

Unfortunately, American consumers now will have no meaningful alternative to length and costly court litigation, a fact that the National Arbitration Forum acknowledged in its July 19th statement.

Sunday's statement explains that the FORUM lacks the necessary resources to defend against increasing legal challenges to arbitration on all fronts. It is important to note that the Minnesota Attorney General's complaint did not allege that arbitration proceedings administered by the FORUM were unfair. In fact, as stated in the FORUM's July 14th statement, this issuing of fair and just decisions was ensured by the independence of the neutral arbitrators who decided consumer arbitrations for the FORUM. The lawsuit instead took issue with the FORUM's communications.

Effective Friday, July 24, 2009, the FORUM will no longer accept any new arbitration case filings involving an individual consumer and business entity where the dispute involves consumer debt, credit cards, consumer loans, telecommunications services, utilities, healthcare services, or consumer leases.

This change does not impact the FORUM's administration of Internet domain name disputes, personal injury protection claims, and cargo disputes that are under the supervision of the Internet Corporation of Assigned Name and Numbers, the New Jersey Department of Banking and Insurance, and the American Moving and Storage Association, respectively.

Faced with Fiscal Crisis, States are Cutting Court Budgets and Choosing Low-Cost Mandatory Mediation

2009-07-17T09:29:00.001-05:00

Mediation can help overburdened court systems resolve foreclosure disputes says commentator Nick Thomas, Esq. in a TCPalm.com story (Mediation loosens the budget squeeze for courts and litigants, 6/23/2009).

Mandatory mediation programs have began in Indian River, Martin, St. Lucie, and Okeechobee counties in Florida. Thomas supports this move and thinks the system could serve as a model for other disputes:

A better system would be to follow the lead of the foreclosure program and refer divorce cases out to mediation immediately upon filing.

Even better, if the public knew more about the benefits of mediation, informed parties with disputes of all sorts would seek out mediation before they even considered filing in court.

In other states, foreclosure mediation is a mixed bag. The July edition of Court ADR Connection highlights proposed legislation to create foreclosure mediation programs in multiple states. Connecticut, Florida, Indiana, Maine, and Nevada passed mediation bills, while proposed foreclosure mediation bills in Minnesota and New Mexico were not successful.

5 New ADR Blogs to Add to Your Reading List, By Diane Levin

2009-07-14T09:35:00.001-05:00

We are pleased to share from alternative dispute resolution professional Diane Levin the following "Top 5 Tuesdays" post.

5 New ADR Blogs to Add to Your Reading List

Over four years ago, I launched my mediation blog, Mediation Channel. At that time just a handful of ADR practitioners published blogs. Since that time, there's been an exponential increase in the number of ADR practitioners and scholars who have turned their talents for writing to the medium of blogging, where many now share their best thinking. The rest of us benefit: no longer dependent upon subscription-only scholarly journals or member-only web sites for news about the ADR field, any ADR practitioner with an internet connection and a computer today can access the latest news and ideas from the cutting edge of practice and scholarship, thanks to these bloggers.

The unofficial taxonomist of the ADR blogosphere at my other site, ADRblogs.com, I've been tracking and cataloging bloggers world-wide who write about ADR, negotiation, and conflict resolution. It gives me the ability to introduce new and worthy ADR blogs to readers – like the following five blogs. I hope you enjoy them:

Loree Reinsurance and Arbitration Forum provides discussion and insights on reinsurance litigation and arbitration and is published by New York-based boutique commercial and industry arbitration firm Loree & Loree. This blog demonstrates quality writing on newsworthy topics that distinguish the top ADR blog; a recent example is "The AAA Commercial Rules and the Pig in a Poke: Gilbert Street Developers, LLC v. La Quinta Homes, LLC".
Business Conflict Blog provides perspectives on managing the business disputes that companies around the globe face, a focus reflected in posts such as "Contract Drafting for Dispute Management", aimed for the transactional lawyer seeking to protect the value of the deal. This blog is written by F. Peter Phillips, a commercial arbitrator and mediator based in New Jersey.
Mediation Matters is published by California lawyer and mediator Steve Mehta, who has translated his experience litigating and mediating complex cases into engaging posts that share his reflections on ADR practice, including this one on his experiences going green to conserve energy at his office.
Cross Collaborate serves as a learning resource for all those involved in shaping or influencing governmental decisions, offering commentary on leading issues and innovative practices. It is published by John Folk-Williams, a practitioner and writer in the field of public policy collaboration and interest-based negotiation. His thoughtfulness as a practitioner is evident in posts like "Power Differences, Consensus Building & Collaborative Networks".
Disputing: Conversations about Dispute Resolution is a dependable source for news, updates and commentary on the law pertaining to arbitration, with a special focus on Texas demonstrated by posts such as "Texas HB 2256 Makes Possible a New Mediation Procedure for 'Balance Billing'".

I'd like to extend my thanks to the National Arbitration Forum Blog for the opportunity to contribute today to this great new weekly feature, "Top 5 Tuesdays". I count you folks among my oldest friends here in the blogosphere – I have always appreciated your collegiality and your support. NAF Bloggers really get the "social" in social media – you’re the best of neighbors here on the web. Cheers!

Thank you Diane for the kind words and for taking the time to recommend five new blogs to our readers for "Top 5 Tuesdays"! Without a doubt, you have significantly guided us in our ADR blogosphere practices. And, a big thank you for the nudge to join Twitter!

Stay tuned for Top 5 Tuesday posts from Victoria Pynchon and Disputing's Victoria Van Buren in the upcoming weeks. To participate, contact us for more details.

The National Arbitration Forum Makes Blawg Review #220

2009-07-13T09:45:00.002-05:00

Housed on Overlawyered.com, this week's law blog review rounded up some highlights of the past week from around the legal blogosphere, including a guest post to the National Arbitration Forum Blog from last Tuesday. Thanks to Walter Olson for including us in the "international" section:

Kenneth Cloke tells "Why We Need to Mediate [International] Environmental Conflicts".

Other fellow ADR bloggers made the review. Take a peek at Blawg Review #220. Here's our post from last week:

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Reasons Why We Need to Mediate Environmental Conflicts, By Kenneth Cloke

This post is part of our "Top 5 Tuesdays" series.

We are pleased to share the following post by Kenneth Cloke, President of Mediators Beyond Borders.

Mr. Cloke, pictured at right, shares 5 reasons why he thinks mediators are needed to resolve environmental issues:

5 Reasons Why We Need to Mediate Environmental Conflicts

1. As human populations have become more numerous and technologically advanced, we have increasingly wasted precious exhaustible resources, despoiled and desecrated our environment, and created the preconditions for mass extinction and global catastrophe.

Read on...

Court-Ordered Mediation Is a Good Alternative to Trial

2009-07-09T12:59:00.000-05:00

In his weekly law column at Victoria Advocate, University of Houston Law Professor Richard Alderman explains mediation to a Texan wondering:

I filed a claim in small claims court. I have been told that before my trial I will have to mediate the case. What is this? Do I have to do it? How much does it cost?

He explains that mediation is a form of alternative dispute resolution that gives the parties an opportunity, with a mediator, to work things out before a trial. He opines that court-mandated mediation "is always a good idea" because it does not cost anything, and settling a claim is almost always better than taking the chance on a trial.

(Mediation is an alternative way to resolve disputes, 6/25/2009)

Case Study: How One Medical Center Better Serves Their Patients, Saves Money with ADR

2009-07-08T11:54:00.006-05:00

Chatón T. Turner, assistant counsel at the University of Pittsburgh Medical Center, documents her experience with the Medical Center's mediation programs in Bringing Mediation In-House Is Cost-Effective in More Ways Than One (Legal Intelligencer, 6/25/2009). Five years ago, the hospital designed two ADR programs to give their "customers" (i.e., patients or families) additional legal recourse – mediation — against the hospital.

1. Claims Mediation Program - Mediation used to resolve some lawsuits filed against the system by customers.
2. Intermediation Program - Mediation used to resolve complaints and grievances filed with the Medical Center's patient relations department.

Previously, the customers' only option if the grievance process was unsuccessful was patient-unfriendly litigation. Now, says Turner, the hospital sees a decrease in legal costs from mediating disputes involving patient care. Moreover, because healthcare disputes are personal and emotional, mediation gives the opportunity to tell one's story without doing so in public court. Mediation also allows for efficient resolution of disputes meaning parties can focus on their health instead of their dispute.

Forbes Articles Defend Securities Arbitration

2009-07-08T07:58:00.001-05:00

Amidst a sea of articles about securities arbitration, Kevin Carroll and Seth E. Lipner, each in June Forbes articles (Arbitration Works, 6/17/2009 and Should Securities Arbitration Be Mandatory?, 6/29/2009 , respectively), defend arbitration for the resolution of securities industry disputes between investors and securities firms. See SEClaw.com for a look at Professor Lipner's article.

Mr. Carroll, in his article, makes several points in favor of pre-dispute arbitration agreements:

Arbitration Process is Quicker. "Arbitration cases are resolved 40% faster than court cases, saving investors time and money."
Good Option for Investors with Small Claims. "Specifically, 25% of all claims are for less than $10,000, a sum for which litigation is usually not cost effective."
Investors Get a Fair Shake in Arbitration. "The percentage of claimants who recover--either by award or settlement--has held steady during the past several years, and in 2006 was 66%. In addition, between 1995 and 2004, investors' average inflation-adjusted recoveries in securities arbitration have followed a generally increasing trend, from approximately $25,000 in 1995 to over $50,000 in 2004."

Carroll is managing director and associate general counsel for the Securities Industry and Financial Markets Association. Many of his points were informed by a study that SIFMA conducted with its Legal and Compliance Division.

5 Reasons Why We Need to Mediate Environmental Conflicts, By Kenneth Cloke

2009-07-07T07:57:00.001-05:00

This post is part of our "Top 5 Tuesdays" series.

We are pleased to share the following post by Kenneth Cloke, President of Mediators Beyond Borders. Mr. Cloke, pictured at right, shares 5 reasons why he thinks mediators are needed to resolve environmental issues:

5 Reasons Why We Need to Mediate Environmental Conflicts

As human populations have become more numerous and technologically advanced, we have increasingly wasted precious exhaustible resources, despoiled and desecrated our environment, and created the preconditions for mass extinction and global catastrophe.
The environmental problems we currently face can no longer be solved by individual nations, or by using military, bureaucratic, or autocratic methods that only increase opposition and delay remedial efforts. These problems now demand the collective attention of everyone.
To implement sustainable solutions to global environmental problems, all the disparate races, religions, cultures, societies, organizations, political entities and institutions on the planet need to learn better ways of working together to solve our common problems.
To do so, we need to create better ways of communicating across borders and improved techniques for collaboratively negotiating our differences, engaging in open and honest dialogue, and resolving environmental disputes equitably without warfare or coercion.
Mediation and alternative dispute resolution (ADR) techniques encourage fair, respectful, participatory, and democratic ways of communicating, solving problems, negotiating collaboratively, engaging in constructive dialogues, and resolving conflicts internationally based on consensus. Without these methods we will be unable to sustainably solve our problems or survive, and for these reasons, it is critical that the world's nations adopt mediation and ADR as the primary methods for resolving environmental conflicts.

Thank you Ken for guest blogging about the importance of mediators in the discussion on climate change!

Stay tuned for Top 5 Tuesday posts from Diane Levin, Victoria Pynchon, and Victoria Van Buren in the upcoming weeks. To participate, contact us for more details.

Guidelines for Discovery in Domestic Commercial Arbitration

2009-07-02T10:35:00.005-05:00

Begins a new arbitration report issued by the New York State Bar Association (Report on Arbitration Discovery in Domestic Commercial Cases, June 2009):

Arbitration has been in use for millennia, and has long been on the scene in the United States. George Washington’s will had an arbitration clause, and some labor disputes made use of arbitration beginning in the early 1800s.

In addition to the following guidelines, the report also includes factors an arbitrator should consider in determining the appropriate scope of discovery, including the nature of the dispute, the characteristics of the parties, the terms of their agreement, the relevance of requested discovery and the parties' reasonable need for it, and matters of privilege and confidentiality.

Five Arbitration Discovery Guidelines for Arbitrators (from the report announcement):

Arbitrators must exercise judgment to produce a discovery regimen that is appropriate to the given case.
The ground rules should be clearly established in the period immediately following the initiation of the arbitration. The arbitrator should promptly study the facts and the issues and be prepared to preside over the early stages of the case in a way that will lead to an expeditious and fair process.
While there is no universal objective standard for the appropriate scope of e-discovery, an early order setting reasonable bounds for e-discovery can be an important first step in limiting such discovery in a large number of cases.
The arbitrator must maintain control of the proceedings and move the case forward to an orderly and timely conclusion. The arbitrator has many tools that can be used to ensure fairness and prevent disruption where one side may withhold its cooperation. Those tools may include, for example, the making of adverse factual inferences, the preclusion of proof, and cost allocation.
It is essential that arbitration discovery disputes be resolved promptly and efficiently because exhaustive discovery motions unduly extend discovery and significantly add to the cost of the arbitration.

The NYSBA's Dispute Resolution Section performed research, conducted interviews with members of the arbitration bar and representatives of arbitration organizations, and reviewed other literature on the subject of arbitration discovery and work done by JAMS; the International Centre for Dispute Resolution/American Arbitration Association; the Chartered Institute of Arbitrators; the CPR International Institute for Conflict Prevention and Resolution; the American College of Trial Lawyers; the International Bar Association; and the College of Commercial Arbitrators.

Top 7 Arbitration Agreement Elements to Ensure Enforceability

2009-06-30T14:08:00.000-05:00

This post is part of our "Top 5 Tuesdays" series. Have an idea for a "Top 5 Tuesdays" post? Let us know!

Human resources policy and compliance experts Personnel Policy Service, Inc. recently covered the topic of employment arbitration. According to their HR Matters e-tips newsletter from this week, Seven Steps to Effective Arbitration Agreements, more employers have turned to arbitration as a means to settle employment disputes quickly and cost-efficiently.

The e-tips writers recommend, based on what they've seen in recent court decisions, the inclusion of the following seven elements when drafting fair, enforceable arbitration agreements.

Clear delineation of claims subject to arbitration.
No limitation on statutorily-imposed remedies.
Adequate discovery.
Safeguards to ensure neutral arbitrators.
No unreasonable employee fees or costs.
A written decision containing sufficient detail to ensure meaningful judicial review.
Adequate consideration for the arbitration agreement.

To read more of their drafting tips, access Personnel Policy Service, Inc.'s Seven Steps to Effective Arbitration Agreements.

More on the Balance Billing Mediation Bill in Texas...

2009-06-29T09:40:00.001-05:00

In previous posts, the National Arbitration Forum Blog has talked about ADR as a cure for balance billing (the practice of billing insured patients for amounts or balances not covered by their insurer). Specifically we've talked about action in Texas House Bill 2256 as well as movement in California.

New voice at the Disputing blog Holly Hayes, pictured at right, talks more about the Texas bill that was signed into law on June 19, 2009. See her post: Texas HB 2256 Makes Possible a New Mediation Procedure for 'Balance Billing'.

A Few Celebrations across the ADR Blogosphere..

2009-06-26T08:07:00.001-05:00

A few congratulations to some of the premier ADR folks across the blogosphere, and one pat on our own back.

Happy 1,000th Post over at mediatorblahblah
New Zealand-based Geoff Sharp, who just hit 1K blog posts at his mediation blog, used his grand celebration to unveil his sharp new logo, at right. Head over to his blog and let him know what you think.

Happy 130 ADR Members on LinkedIn
After just over a month, the Commercial and Industry Arbitration and Mediation Group on LinkedIn already has 130 members, according to the founders of the group (Disputing and the Loree Reinsurance and Arbitration Law Forum).

Happy Three Years to ADRBlogs.com
Just over three years ago http://www.adrblogs.com/ was born as a project by Diane Levin to track and catalog dispute resolution blogs worldwide. The World Directory of ADR Blogs brings together, and organizes, over 200 blogs from 30 countries covering mediation, arbitration, negotiation, conflict resolution, and people-focused innovations in justice and law. The National Arbitration Forum Blog proudly inhabits the ADR Blogs, Arbitration Blogs, and United States categories. If you haven't already, submit your ADR blog to the listings or support the project.

Happy 132 National Arbitration Forum Followers on Twitter
After just one month, to the day, of tweeting, the National Arbitration Forum is proud to announce 132 followers and 67 updates. Join us, and other ADR folks, in the fun @adrforum!

Top 5 Reasons to Submit Ideas to Top 5 Tuesdays!

2009-06-23T12:06:00.003-05:00

At the National Arbitration Forum Blog we're always sharing news, events, and perspectives about alternative dispute resolution. We've come up with a new way to explore and discuss ADR – Top 5 Tuesdays. Watch the FORUM Blog weekly for "top 5" (or "top 6" or "top 10") lists on topics relevant to ADR on most, if not all, Tuesdays.

The following are the top 5 reasons that you should submit ideas:

The ideas are endless. You can turn many ADR topics and tips into lists. With Top 5 Tuesdays, you can share an interesting arbitration post, analyze a recently written mediation article, promote an upcoming ADR event, feature a fascinating domain name disputes discussion…
It makes ADR fun! It is fun to read about dispute resolution, in its many forms, in easy to digest lists. And, it is a good excuse to get creative.
Participating can boost your blog, Facebook, Twitter, or webpage. In exchange for your Top 5 Tuesdays suggestion we can help your webpage get to the top by linking to it from the FORUM Blog.
We've done it before, with your help we can do it again. Writing list posts is not so uncommon around here. Past examples: 5 Reasons Why Patients Wisely Choose Arbitration for Healthcare Conflicts, Top 6 Rules of ADR Blogging, Top 5 Myths of Arbitration, Top 5 Reasons to Arbitrate (and Not Litigate) Commercial Disputes.
It is easy to participate. Have an idea for a list? Help us out! All you have to do is submit it to the National Arbitration Forum Blog. You can 1) Email us at media@adrforum.com; 2) Comment about your ADR list idea here or on any FORUM blog post; or 3) Direct message your idea to us on Twitter.

Have any ideas? Questions? Suggestions?

See the Top 5 Tuesdays Archive!

Case Study: Arbitration Successfully Keeps Civil Cases Out of Nevada Courts

2009-06-22T13:33:00.001-05:00

In Northern Nevada, court-annexed arbitration programs have served to reduce the number of civil cases decided in the courts since 1994. The programs steer civil cases under $25,000 into arbitration, freeing up the time of district judges for larger cases and saving courts, disputing parties, and taxpayers time and money.

"These are strictly money cases," said Special Master Steve McMorris in a recent article. "The vast majority are personal injury, breach of contract or collection cases."

Reportedly more than 1,000 civil cases were filed in the arbitration program over the past four years in the Douglas County program.

More information: Arbitration saving courts time, money in Douglas (Douglas Record-Courier, 6/14/2009) or Frequently Asked Questions About The Arbitration Program (Douglas County District Court Clerk’s Office).

To Curb Legal Problems like Cybersquatting, Social Media Sites Take Action

2009-06-19T14:03:00.003-05:00

Recently, Twitter and Facebook have created ways for their users to create their own distinct Web addresses and avoid being cybersquatted. For Twitter these are called "Verified Accounts" and on Facebook these are called "usernames".

On Twitter, the account verification "experiment" began in response to Tony La Russa's cybersquatting claims against the site. La Russa, the manager of the St. Louis Cardinals baseball team, complained about someone impersonating him on the site in a May lawsuit. The experiment starts with "public officials, public agencies, famous artists, athletes, and other well known individuals at risk of impersonation".

In response, the unrelated but somewhat similar social media website Facebook gave users the opportunity to choose personalized usernames. While these were offered on a first-come, first-serve basis, Facebook did allow trademark holders to fill out forms protecting their marks saying it would internally mediate all disputes. According to the New York Times Blog, one ICANN representative, Tim Cole, speculates that this might not be enough: "This sounds like the early days when Network Solutions started doing domain registrations, and they didn’t anticipate the nature of the trademark issues that started arising and weren’t prepared for the flurry of lawsuits they started receiving," Mr. Cole said.

While there is no dispute resolution process set up through the Internet Corporation for Assigned Names and Numbers (ICANN) for Facebook or Twitter URL disputes, there are arbitration policies for internet domain names. The National Arbitration Forum administers arbitrations under several ICANN policies, including that of the Uniform Domain Name Dispute Resolution Policy (UDRP) that governs disputes over domain names with extensions such as .com and .org.

Supreme Court Agrees to Hear Class Arbitration Case

2009-06-18T07:31:00.001-05:00

The Supreme Court recently granted certiorari in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., Docket No. 08-1198, to resolve a circuit split regarding class action arbitrations. In the case, the Court will consider whether, consistent with the Federal Arbitration Act, parties can be sent to class arbitration when the parties' arbitration clause is silent on the issue.

The appeal is taken from the Second Circuit's decision that held that interpreting such an arbitration clause to permit class arbitration did not "manifestly disregard the law," as the parties' contract provided that the scope of the arbitration clause was for the arbitrators to decide.

The Workplace Prof Blog has posted its take on why the Court should hold that a silent arbitration agreement does not preclude class actions, and also expresses concern that the Court will decide the case on narrower grounds.

The ADR Profs Blog opines that "Any Supreme Court decision resulting from this case is likely to exacerbate the tension inherent in the FAA between the parties' freedom to contract to an arbitration proceeding of their own design and fairness concerns regarding the limits of arbitrators' authority."

Stay tuned to the National Arbitration Forum Blog for updates on this case.

FL Judges See Mediation as an Effective Way to Manage their Dockets

2009-06-17T11:11:00.007-05:00

According to attorney Blane McCarthy — commenting on a Florida mediation certification program — "Judges are seeing [mediation] as an effective way to manage their dockets, their schedules are just so huge, it just makes sense."

Mediation keeps cases out of court and prevents people from having to spend a lot of money preparing for trials, said Mattox Hair, former Circuit Court judge and State Legislator.

Program Stats

7,910 mediators in Florida certified by Florida Supreme Court
504 mediators certified for Fourth Judicial Circuit (Clay, Duval and Nassau counties)
205 mediators in the Fourth Judicial Circuit are attorneys

All information, including the picture of a Jacksonville mediation center, can also be found in Mediation offers business opportunity for attorneys (Jacksonville Daily Record, 6/15/2009).

Top 6 Rules of ADR Blogging

2009-06-16T11:22:00.002-05:00

For over four years, alternative dispute resolution professional Diane Levin, of Mediation Channel and World Directory of ADR Blogs, has not only learned, reflected, and deepened her understanding about mediation, conflict resolution, and negotiation, but she has also deepened her understanding of ADR blogging. In one of her latest posts she shares with the blogosphere 6 things effective bloggers do.

Create worthwhile content for readers.
Learn the lingo.
Remember to link to others - it’s called "social media" for a reason.
Give credit for others' ideas.
Express appreciation.
If you screw up, apologize.

We agree completely! Thanks for the tips Diane!

Report: State Budget Shortfalls Impact on Courts

2009-06-12T08:41:00.000-05:00

In a 2008 report (Michael Buenger, State Courts and State Legislatures: A Funding Crisis Renewed, 2008), the National Center for State Courts (NCSC) cites to Center on Budget and Policy Priorities (CBPP) research indicating that 29 states were facing serious operating shortfalls as of 2008.

Problems
The 4-page NCSC report talks about:

The magnitude of the budget crisis in the states.
Why state court budgets are particularly vulnerable when state legislature look for places to cut.
The implications of these state court budget shortfalls on the ability of the states to provide a court system that minimally meets state constitutional requirements.
The strains this budget crisis creates among the three branches of government.

Recently, the CBPP updated their analysis this year (Elizabeth McNichol and Iris J. Lav, State Budget Troubles Worsen, 5/18/2009). The CBPP is now stating that at least 47 states are facing budget shortfalls.

Solution
Nearly all states are facing budget shortfalls, and the state courts are particularly vulnerable. Shortfalls are expected to persist and even increase in severity over the next several years. Arbitration, mediation, and other out-of-court solutions, now more then ever, are needed to assist state judiciaries in these current conditions.

CPR's Free Podcast Series - International Dispute Negotiation

2009-06-10T09:46:00.000-05:00

One conflict resolution organization, CPR, offers a free weekly podcast series on cross-border commercial conflict resolution. It is intended to help listeners understand the risks of disputes and shed insight on optimal ways of accepting, mitigating, and managing those risks in the real world, whether through mediation, arbitration, or litigation that arises far from home.

"Hot Topics" recently have included: A Case Study: The State of Mediation and Arbitration in Italy, A Personal Injury Mediation Seen from Three Sides, and The Arbitration Fairness Act, Analyzed.

International Dispute Negotiation (IDN) is presented by CPR and hosted by Italy-based lawyer Michael McIlwrath, pictured at right. Podcasts tend to feature industry experts and special guests. You can subscribe via RSS Feed, iTunes, or email alerts (registration required), or browse the podcast archive.

Follow the National Arbitration Forum Blog on Twitter! @adrforum

2009-06-09T13:03:00.004-05:00

The National Arbitration Forum now has a presence on Twitter, and Facebook. You can find us and follow us @adrforum (RSS feed of updates). We are still working out the kinks, but for now you'll be able to follow the National Arbitration Forum Blog posts in addition to retweets of great mediation, arbitration, and/or alternative dispute resolution content.

You can use the Twitter website or various applications to monitor posts from @adrforum and anyone else you choose to "follow". Here are a few of our favorite ADR Twitter feeds so far:
http://twitter.com/dianelevin
http://twitter.com/domainnamewire
http://twitter.com/RossRunkel
http://twitter.com/vpynchon

The reception has been warm. We have over 40 followers. Many have extended welcomes, like Diane Levin who immediately pointed us to Twitter Tips for Lawyers Discussions http://tr.im/mtWi.

You can also search Twitter to see what's happening – right now – in arbitration, mediation, domain name disputes, alternative dispute resolution... If you are not signed up already, start at the Twitter home page.

Let us know if you have any recommendations on ADR tweets to follow!

Blogosphere Round-Up: Judge Sotomayor and ADR

2009-06-08T08:25:00.003-05:00

Have you wondered what impact Judge Sonia Sotomayor has had on the law of alternative dispute resolution or would have if she were confirmed as a Supreme Court Justice? Here, the National Arbitration Forum Blog compiles commentary on that very subject from various legal and ADR blogs.

SCOTUS Blog - http://www.scotusblog.com/
The Supreme Court of the United States blog did a series of posts featuring some opinions from the "short list" of candidates before the nomination. They found one opinion involving Judge Sotomayor and arbitration - Rolon v. Henneman, 517 F.3d 140 (2d Cir. 2008).

Disputing Blog - www.karlbayer.com/blog
Victoria Van Buren at Disputing caught another ADR-related opinion - Westerbeke v. Daihatsu Motor Co., 304 F.3d 200 (2d Cir. 2002) - in her post Sonia Sotomayor Meets Posner: Standards of Review for Arbitration Awards After Hall Street.

CPR – http://www.cpradr.org/
A Sotomayor Wrapup written by the International Institute for Conflict Prevention and Resolution’s Russ Bleemer found that the judge has "thorough arbitration experience" from recent appellate cases to private practice. Other CPR commentaries include: Arbitration Friendly? Obama Nominates New York Federal Judge with an ADR History, Three More for the FAA: Sotomayor’s Strict Arbitration Line, Arbitration Denials and Immunity: Three More Cases from Sotomayor’s Second Circuit, and Her Private Life: Nominee Sotomayor's 1980s Arbitration Practice Work.

ADR Prof Blog - http://www.indisputably.org/
ADR Professor Jill Gross in one post, Judge Sotomayor and Arbitration Law, concludes that The Honorable Sonia Sotomayor's confirmation is "not likely to alter the current landscape of arbitration law". Sarah Cole picked up on CPR's article in her post called Sotomayor's Arbitration Jurisprudence. She agreed that Judge Sotomayor "seems to follow the general philosophy that enforcing arbitration agreements and awards is part of the national federal policy favoring arbitration". She added that she saw nothing in her cases to suggest that she will vote on arbitration cases differently than her predecessor Justice Souter.

Have you seen additional commentary on Judge Sotomayor and ADR?

Pennsylvania County Court Launches ADR Program with Private Firm

2009-06-04T09:43:00.001-05:00

Faced with a backlog of cases after two judges pled guilty to federal corruption charges, the Luzerne County Court of Common Pleas partnered with a local mediation firm in April to launch an alternative dispute resolution program. According to The Citizens' Voice, a local newspaper, members of the firm, ADR Options Inc., will conduct settlement and conciliation conferences for civil cases and may also serve as special trial masters or judges pro tempore. The program will be managed by the deputy court administrator.

Thanks to this month's Court ADR Connection newsletter for bringing us the latest ADR and court happenings!

Texas Senate Approves Patient-Friendly Mediation Cure to "Balance Billing"

2009-06-03T16:12:00.000-05:00

A Texas bill intends to resolve the issue of Balance Billing = the practice of billing insured patients for amounts, or balances, not covered by their insurer.

The Star-Telegram reported ('Balance billing' measure moves closer to approval by Legislature, Dianna Hunt, Star-Telegram, 5/30/2009) last weekend that the "Texas Senate approved a bill by Rep. Kelly Hancock, R-North Richland Hills, on Thursday. The bill would set up a mediation system for patients hit unexpectedly by out-of-network charges for doctors such as radiologists, pathologists, anesthesiologists and emergency room physicians."

If enacted, patients would be able to protest a charge from an out-of-network provider to a state mediator. The provider and the insurance company would split the cost of the mediation; the consumer would not have additional out-of-pocket costs and would not even be required to attend the mediation, according to the article.

Court Problems Can Deny Justice, Private Arbitration/ADR Can Help Says One Pennsylvania Lawyer

2009-06-03T09:36:00.002-05:00

In the wake of economic crisis and declining state and local revenues, courts face overcrowding, budget shortfalls, and staff reductions while court filings are increasing. And, the reality of these court-docket backlogs translates into denial of quick and timely justice.

For business, justice delayed is justice denied. It is no secret that the longer a civil case drags on in court, the more expensive it will be--and with no guarantee of a more "just" result. Businesses need to be able to resolve their differences in a civil, fair and speedy way. If the courts cannot do it because of financial shortcomings, business litigants will increasingly turn to private arbitration or alternative dispute resolution.
-Philip G. Kircher (Justice Delayed Is Justice Denied, Risk & Insurance, June 2009)