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Alternative Dispute Resolution

478 ABA Journal Alternative Dispute Resolution articles.

House of Delegates urges end to mandatory arbitration of sexual harassment claims

After a year in which sexual harassment in the workplace has taken center stage, the ABA House of Delegates voted to urge legal employers not to require mandatory arbitration of such claims.

Oct 1, 2018 12:50 AM CDT

Judge says narrow drafting dooms bid by Trump campaign to arbitrate bias suit

A narrowly drafted arbitration clause in a confidentiality agreement doesn’t require arbitration of a bias suit filed by a former Trump campaign staffer, according to a New York judge. Judge Arlene Bluth of the trial-level Supreme Court of New York ruled there is no need to send the case to…

Aug 17, 2018 3:31 PM CDT

Reforming law school: Start with the end in mind

Last month, I wrote here about some potential changes to legal training in the United States, based on my own experience and conversations within and outside both the industry and country. The response was overwhelmingly positive from those who understood that I am trying to improve our profession for lawyers and clients alike.

Jul 13, 2018 7:05 AM CDT

Uber and Lyft end mandatory arbitration for sexual assault claims

Uber and Lyft have ended forced arbitration for sexual assault cases brought by passengers, drivers and employees.

May 15, 2018 5:19 PM CDT

14 women accusing drivers of sex assault ask Uber board to be released from arbitration

Fourteen women sent a letter to the Uber’s board of directors Thursday requesting to be released from the arbitration provision in their consumer agreement to allow them to pursue a class-action lawsuit alleging Uber’s inadequate driver screening procedures led to the sexual assault, rape, sexual harassment and gender-motivated violence they experienced at the hands of their drivers.

Apr 30, 2018 2:54 PM CDT

Orrick follows Munger Tolles in dropping mandatory arbitration agreements: Will more firms follow?

If large law firms doing away with mandatory arbitration agreements for employees becomes a trend, plaintiffs may have the #MeToo movement and Twitter to thank.

Mar 28, 2018 8:00 AM CDT

Stormy Daniels could have to pay at least $20M in liquidated damages, Trump lawyer tells court

Stormy Daniels has violated a confidentiality agreement at least 20 times, requiring her to pay possible liquidated damages of at least $20 million, according to a court document filed on Friday. The figure was included to show the amount in controversy in a notice of removal that moves Daniels’ state…

Mar 19, 2018 12:02 PM CDT

Alternative dispute resolution pioneer Frank E.A. Sander dies at 90

Frank E.A. Sander, a former Harvard law professor and a pioneer in the field of alternative dispute resolution has died at 90, according to an obituary at Harvard Law Today. Sander began to push for litigation alternatives in the 1970s when courts were facing backlogs amid drawn-out litigation. His idea…

Feb 28, 2018 12:59 PM CST

Give victims of workplace sexual harassment access to courts, 56 US attorneys general tell Congress

Victims of sexual harassment on the job should be allowed to evade “the impediment of arbitration requirements” in employment contracts, according to a letter signed by attorneys general of every state and U.S. territory. The 56 attorneys general signed the letter calling on Congress to end secret, forced arbitration, report…

Feb 13, 2018 10:22 AM CST

Former Winston partner appeals decision sending her gender bias case to arbitration

A former Winston & Strawn partner is asking a California appeals court to vacate a judge’s order that sends her gender bias case against the firm to arbitration. Constance Ramos’ petition for a writ of mandate argues that Winston & Strawn’s arbitration clause applies only to matters concerning the terms…

Jan 23, 2018 11:59 AM CST

Here are 11 tips to avoid arbitration slip-ups

During nearly a decade as a commercial arbitrator, I have seen some of the most qualified lawyers in the business fumble and flail during what is supposed to be a less nerve-wracking proceeding than an actual court trial. It seems that even seasoned advocates have trouble finding their balance in…

Jan 9, 2018 7:45 AM CST

Microsoft backs bill barring mandatory arbitration of sex harassment claims, waives its own clause

Microsoft is backing federal legislation preventing mandatory arbitration of sexual harassment claims, while it takes steps to change its own contractual requirements with some employees. Chief legal officer Brad Smith announced the technology giant’s policy in a blog post, report the National Law Journal (sub. req.), the New York Times…

Dec 21, 2017 8:30 AM CST

Law firm settles lawyer’s claim it failed to accommodate her claustrophobia

A law firm has settled a disability claim by a former associate in Philadelphia who alleged the firm failed to accommodate her claustrophobia. Marshall Dennehey Warner Coleman & Goggin confirmed that it had resolved the matter after it was sent to arbitration, the Legal Intelligencer (sub. req.) reports. Neither the…

Oct 31, 2017 7:00 AM CDT

Lainey Feingold: Negotiating better access for the disabled

Lainey Feingold

Sep 20, 2017 8:30 AM CDT

NFL seeks to reinstate suspension for Cowboys’ Ezekiel Elliott

The NFL is seeking to reinstate a six-game suspension imposed by an arbitrator against Dallas Cowboys running back Ezekiel Elliott. The NFL is asking U.S. District Judge Amos Mazzant of Texas for a stay pending appeal of the preliminary injunction he issued Friday that allows Elliott to play. The request…

Sep 11, 2017 1:58 PM CDT

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