Practice Points

An Arbitration Solution to Surprise Medical Billings

By Mark Kantor – January 20, 2021 | The solution is a compromise proposed by a bipartisan group of Congressional legislators that involves both a binding quasi-arbitration process and comparisons with “in-network” payment rates.

Monster and Olympic: Still in a JAM?

By Mitchell L. Marinello – January 13, 2021 | After learning of a conflict of interest between JAMS and Monster, Olympic Eagle has sought an order compelling the arbitration to be held before a neutral provider other than JAMS.

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Articles

Practical Tips for Effective Mediation

By Yaroslav “Yarko” Sochynsky – December 16, 2020 | A few ways to prepare for and improve the odds of a successful and rewarding mediation experience.

A Second Arbitration for Claims Already Denied?

By Sheila J. Carpenter – November 24, 2020 | When a party asserted claim preclusion of reasserted claims that were based on a different methodology, a federal district court disagreed.

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Sound Advice Podcasts

How to Become a Neutral Part II

By Brain Farkas and Theo Chang – July 21, 2020 | In this series on "How to Become a Neutral," the ABA Section of Litigation's Alternative Dispute Resolution Committee will interview leading mediators and arbitrators about their career paths and offer guidance to those considering roles as neutrals. In this episode, Brian Farkas (Arent Fox LLP) talks with Theo Chang (ADR Office of Theo Cheng). (22:58 min)

How to Become a Neutral: A Conversation with Edna Sussman

By Edna Sussman and Brain Farkas – July 3, 2020 | In this series on "How to Become a Neutral," the ABA Section of Litigation's Alternative Dispute Resolution Committee will interview leading mediators and arbitrators about their career paths and offer guidance to those considering roles as neutrals. In this episode, Brian Farkas (Arent Fox LLP) talks with Edna Sussman (Susman ADR, LLC). (21:17 min)

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Join the Committee!

Learn how to get involved with the Alternative Dispute Resolution committee and maximize your Section membership!