Cost-Shifting Provisions May Not Make Agreement Unconscionable
By Leah Lewis – May 13, 2020 | Many factors can affect the assessment of unconscionability and such a defense needs to be evaluated on a case-by-case basis.
Alternative Dispute Resolution
The ADR Committee is concerned with developments and optimum use of all forms of alternative dispute resolution, including arbitration, mediation, summary jury trials, mini-trials, early neutral evaluation, as well as effective settlement and negotiation techniques.
Practice Points
NLRB Returns to Arbitration-Friendly Standard
By John R. Graham – May 7, 2020 | The NLRB returned to its traditional standard for deciding whether to defer to an arbitrator’s prior resolution of a grievance concerning an employee’s discipline or discharge that has been alleged to violate the NLRA.
Articles
How to Evaluate Rather than Whether to Evaluate
By Joan Stearns Johnsen – May 20, 2020 | Just as not all audiences equally receive all evaluations, not all evaluations are equal.
A Shared Goal: Efficient, Cost-Effective Commercial Arbitration
By Joan Stearns Johnsen – February 17, 2020 | Arbitrators possess a great deal of power that they can and should exercise to keep costs down and move the process forward expeditiously and fairly.
Sound Advice Podcasts
Understanding the Role of Settlement Counsel
By Eric English, Frank Bedell, and Pat O'Malley – February 14, 2020 | In this Sound Advice, Eric English, Frank Bedell, and Pat O'Malley, settlement counsel will discuss the role of settlement counsel, how it works, and explore some of the mis-perceptions about settlement counsel. (11:30 min)
Selecting the Right Commercial Arbitrator
By Neal Eiseman – December 31, 2019 | The notion that you can select the person who will decide your client's fate in arbitration is powerful and not to be taken lightly. In this Sound Advice, Neal Eiseman gives tips on what to consider and how best to make that selection. (5:39 min)
Join the Committee!
Learn how to get involved with the Alternative Dispute Resolution committee and maximize your Section membership!
Meetings
Jun
03
Events | Webinar
#MeToo Class Action & Derivative Suits Update [CC]
CLE 60 min
An overview of the current state of internal investigations, shareholder derivative claims, and securities class actions arising out of allegations of corporate sexual harassment, misconduct and disc…
Jun
23
Events | Webinar
Recent Developments and Trends in Government Investigations [CC]
CLE 60 min
Experienced government enforcement attorneys examine trends in government investigations and enforcement actions.
Oct
12
Events | In-Person
25th Annual National Institute on Class Actions
ETHICS 60 min
The premier class-action conference is in Austin and more relevant than ever. Whether you litigate and try class actions lawsuits, want to learn how to best help your clients, or learn about current…