January 20, 2019

Protocols of Communication with Non-Neutral Arbitrators - What are your thoughts?

What protocols of communication within a panel, and by the panel to the advocates prior to the close of testimony, should govern a panel where the wing chairs are party-appointed and non-neutral?

Please provide your thoughts/comments below.

January 13, 2019

Arbitrators Discussing Substantive Case Issues - What are your thoughts?

How much should arbitrators in a three person Tribunal discuss amongst themselves any of the substantive issues in the case prior to the close of testimony?

Please provide your comments/thoughts below.

January 6, 2019

Dealing with the Press During an Arbitration or Mediation - What are your thoughts?

What, if anything can an arbitrator/mediator do if he or she sees information in the press regarding an ongoing hearing?

Please provide your thoughts/comments below.

December 16, 2018

Uninsured Motorist Arbitration - What are your thoughts?

In an uninsured motorist arbitration, should the Arbitrator grant an Order to preclude the insurance company from disclosing the amount of the insurance available to the Arbitrator?

Please provide your thoughts/comments below.

December 9, 2018

Mediation - What are your thoughts?

What kinds of disputes are not suitable or amenable to resolution using mediation?

Please provide your thoughts/comments below.

December 2, 2018

Court Roster Mediators - What are your thoughts?

Should mediators who serve on court rosters have to be attorneys? For the purposes of a court roster, is there a difference between (a) a mediator who no longer practices law and only maintains a valid license to practice and (b) a non-attorney mediator, and if so, what is that difference and why does it matter?

Please provide your thoughts/comments below.

November 25, 2018

Access to Justice - What are your thoughts?

To what extent does mediation provide access to justice for the poor and middle class?

Please provide your thoughts/comments below.

November 18, 2018

"Informed Consent" in Mediation - What are your thoughts?

What is "informed consent" in mediation and why does it matter?

Please provide your thoughts/comments below.

November 10, 2018

Sole arbitrator informally consulting with colleagues - What are your thoughts?

A sole arbitrator informally consulting with colleagues about procedural issues in a case (such as interpretation/application of Commercial Rules).

What are the perimeters of permissibility?

Please provide your thoughts/comments below.

November 4, 2018

Allocating Fees - What are your thoughts?

What factors should arbitrators use in exercising their discretion as to whether and how to allocate between the parties their own compensation and the administering institution's filing fees?

Please provide your thoughts/comments below.