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Arbitration is an alternative to trying cases in court.
The NASD's guide to filing a customer complaint. The NASD recommends that you first communicate your concerns to your broker, then to the manager of your broker's office, and ultimately to the NASDR if you do not receive a satisfactory response from the firm.
Representing Your Clients Successfully in Mediation: Guidelines for
Litigators From JAMS, some suggestions for the practitioner
Second Circuit Decision Heralds Fundamental Changes to
Arbitration The U.S. Court of Appeals for the Second Circuit held that an arbitration award may be overturned for manifest disregard of evidence. An examination of the case.
Excerpts from an article written by Mark J. Astarita, Esq., this document gives the layman an overview of the process and what to expect during the course of an arbitration proceeding.
An examination of the issues, from the Dispute Resolution Journal, by Judith P. Meyer.
Court ordered attachments and injunctions may be easier to obtain in New York arbitrations than in traditional litigation matters. An examination of the rule and overview of the caselaw.
Does the privilege apply in arbitration? Before you say "of course", there is a different view. From ADR Currents From the Dispute Resolution Times, a detailed review of the process of collecting an unpaid award.
A discussion of the use of subpoenas under the Federal Arbitration Act, from ADR Currents.
Should motions to dismiss and for summary judgment be allowed in arbitration? Most arbitration codes do not explicitly permit the process, though some panels will consider and grant such a motion. Some believe that such motions unnecessarily delay and increase the cost of arbitration. From ADR Currents
From LawInfo, this article examines the appeal process, or lack thereof.
The NASD's guide to the process.
When customers bring arbitration disputes against their stock brokers, their complaints fall into several broad categories. This article describes the types of complaints that are the most common. Injunctive relief was once reserved for the Courts, but two years ago, the NASD gave that power to its securities arbitrators. Results have been mixed, and there have been some abuses. Now NASD Regulation, Inc. is seeking comments on the procedures for obtaining injunctive relief and expedited proceedings under Rule 10335 of the Code of Arbitration Procedure. The text of the request is available online, and the comment period ends November 31, 1997. Important information on resolving disputes against stockbrokers.
From Law Journal Extra!. And yes, they do....sometimes.
Take control of your legal troubles: mediate disputes, deal with your lawyer, represent yourself in court & more. Securities Arbitration was the original focus of this site, back in the dark ages of the Internet, and this month we return to our roots, with Hearing Hearing, an overview of the hearing process. For those who are not familiar with the process at all, we have an updated version of Overview of the Arbitration Process. Rogue Customers are the problem. The solution might be here. More brokers and firms are being forced to settle customer claims, particularly where the claim is less than the total arbitration expense. Is that good for the broker? Mandatory arbitration of employment disputes is the current hot topic. The EEOC and members of Congress are looking to remove employment discrimination disputes from mandatory arbitration, and brokers are joining the cry. Is the removal of mandatory arbitration of employment disputes a good thing? You might want to watch what you wish for - since you just might get it. Check out this discussion for a side of the story you might not have considered.
An overview of the process from JAMS From the New York Law Journal - "A party intent on thwarting the arbitral process may find many opportunities to do so. One delaying tactic for which a universally accepted response has yet to be developed concerns the unauthorized withdrawal of an arbitrator after the proceedings have begun."
An overview of the pluses and minuses of ADR.
Mediation services resolve 70-80% of the cases referred to them. So why does mediation have such a bad reputation?
Fortune 1000 lawyers comment on ADR's status and future Business lawyers generally have had little to do with alternative dispute resolution. But the one-sentence boilerplate ADR clause is no longer enough.What are a business lawyer's professional and ethical obligations to her/his client when it comes to arbitration agreements?
From ADR Currents, a review of court decisions and the issue of eligibility.
Commentary by the Honorable Jos‚ A. Cabranes, from the U.S. Court of Appeals for the Second Circuit. The Mediator Classification Index (MCI) is designed to assist in understanding the approach or style a mediator tends to use during the mediation process. The MCI is a valuable tool which you may ask prospective mediators to complete as part of the mediator selection process. The author talks about the marriage of zealous advocacy and aggressive alternative dispute resolution. There's a bundle of new techniques to deal with the question: Why does it sometimes take years to reach a settlement? It shouldn't.
The rules are different for securities arbitration awards, and what you don't know, can hurt you..
Enforcement of Agreements to Arbitrate and New York
Choice of Law Clauses: Proceed with Caution
William A. Escobar Steven P. Caley Should the Uniform Arbitration Act be revised? Can it correct some of the problems with the Federal Arbitration Act? Erica Lehrer Goldman An upcoming Supreme Court decision could prohibit employers from insisting on arbitration.The U.S. Supreme Court will be reviewing a California employment law case that will have serious ramifications nationwide for employers seeking to arbitrate rather than litigate work-related claims. The case, Circuit City Stores Inc. v. Saint Clair Adams, will examine the scope of the Federal Arbitration Act. In effect since 1925, the measure allows contracts with binding arbitration agreements to prevail over state law except in "contracts of employment of seamen, railroad employees or any other class of workers engaged in foreign or interstate commerce." Resources Arbitration Law Sites from Yahoo! Arbitration Law Resources on the Web |
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Mediation Information and Resource Center Includes articles and forums and mediator database.
"With 35 offices nationwide and cooperative agreements with arbitral institutions in 50 other nations, the American Arbitration Association is the largest full-service provider of dispute resolution services and cutting edge educational programs in the world dedicated to the resolution of disputes through the use of mediation, arbitration, elections and other out-of-court settlement procedures. The Association provides a forum for the hearing of disputes, tested rules and procedures, and a roster of impartial experts of the highest caliber to hear and resolve cases."
From JAMS, the rules and procedures for most commercial arbitrations
From JAMS, a private dispute resolution service, the rules for use in employment cases
The American Bar Association is the nation's largest attorney organization. Their ADR Section's site has some excellent general articles on ADR.
UNCITRAL Model Law on International Commercial Arbitration An overview as well as the advantages and disadvantages of arbitration and mediation of employment disputes. from the Global Arbitration Mediation Association, Inc.; contains GAMA forms and other business and legal forms
Law/Legal Matters; mediation, arbitration and
litigation (courtesy of the Cincinnati Network)
An interesting link
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