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September 2017 Archives

September 3, 2017

Punitive Damages - What are your thoughts?

Can an arbitrator direct that [statutory] punitive damages be paid to a charity, instead of Claimant, since it is Respondent's "bad conduct" that is being punished, not any act of Claimant that merits monetary reward?

Please provide your comments/thoughts below.

September 9, 2017

Answering Statement and Affirmative Defenses - What are your thoughts?

Under AAA Commercial Rule R-5(a), if a Respondent does not file an Answering Statement, it is deemed to have generally denied the claims. But in doing so, does the Respondent nonetheless have an obligation to apprise the Claimant of the affirmative defenses it intends to pursue? Conversely, if a Respondent does file an Answering Statement and interposes certain affirmative defenses, is the Respondent now limited to those articulated defenses, even though it had no obligation to file an Answering Statement in the first instance?

Please provide your thoughts/comments below.

September 17, 2017

Naming the Neutral in Your Contract Clause - What are your thoughts?

If the parties want to memorialize a dispute resolution mechanism, how advisable is it to name a specific neutral to serve as the mediator or arbitrator in the dispute resolution clause? Would it make a difference if the document (like a Stipulated Protective Order) will eventually be filed in a public court proceeding?

Please provide your thoughts/comments below.

September 23, 2017

Mediation Proceedings in Good Faith - What are your thoughts?

By statute, rule, or agreement, many mediation proceedings require that the parties participate in good faith. How close to the line of "bad faith" does a defendant/respondent tread by coming to a mediation session with a "no-pay" position? To what extent does that party have to maintain an "open mind" about a possible resolution relative to its "no-pay" position before it is basically not participating in good faith?

Please provide your thoughts/comments below.

About September 2017

This page contains all entries posted to Resolution Roundtable in September 2017. They are listed from oldest to newest.

August 2017 is the previous archive.

Many more can be found on the main index page or by looking through the archives.