Second Circuit Recognizes Exception to Functus Officio Doctrine
By Michael S. Oberman – February 6, 2019 | The court affirmed, largely based on precedent from other circuits.
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
The Hague Conference Guide on the Use of Video Links
By S. I. Strong – January 23, 2019 | Although the Hague Evidence Convention is not binding in arbitration, neutrals and advocates would be well advised to take these principles into consideration.
Articles
An Arbitration Agreement Must Identify the Forum and Rules
By Robert E. Bartkus – January 29, 2019 | A New Jersey court has upended the parties' intention to arbitrate their disputes unless their agreement provides for a process for making those determinations.
Termination Provisions May Defeat Arbitration
By Robert E. Bartkus – January 3, 2019 | New Jersey trial court refuses to compel arbitration on the grounds the contract had, by its terms, “expired” before the dispute arose.
Sound Advice Podcasts
Preparing For Your First Arbitration Pre-Hearing
By Joan Stearns Johnsen – November 6, 2018 | Arbitration advocacy is the same as litigation advocacy and completely different. The Pre-Hearing Conference is the first opportunity to interact with your panel. Here are some tips so that even if it is your first arbitration pre-hearing conference, the panel will not know it. (3:24 min)
Should You Take Discovery Before Mediating?
By Joan Stearns Johnsen – November 6, 2018 | How much is enough? The earlier you mediate the greater the savings for your client. How can you take just enough so your settlement is rational and your client is happy. (2:35 min)
Join the Committee!
Learn how to get involved with the Alternative Dispute Resolution committee and maximize your Section membership!
Meetings
Feb
22
Events | In-Person
Second Annual Current Issues in FINRA Regional CLE Program
CLE 180 min
The Securities Litigation Committee of the ABA Section of Litigation is pleased to sponsor this program in Tampa, FL on February 22, 2019. This three-panel program will focus on leading topics of int…
Feb
27
Events | In-Person
2019 Insurance Coverage Litigation Committee CLE Seminar
ETHICS 129 min
Learn about the very latest developments in insurance law from leading lawyers and insurance professionals at the 2019 Insurance Coverage Litigation Committee CLE Seminar.
May
16
Events | In-Person
12th Annual Arbitration Training Institute
•In Depth Review of Each Stage of the Arbitration Process •How I Built My Arbitration Practice: Insights from Experienced Practitioners •Concurrent Sessions on Employment, Healthcare, Securities, Int…