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September 2018 Archives

September 3, 2018

Status Conferences - What are your thoughts?

What is your practice regarding the scheduling of periodic status conferences with the counsel in an arbitration proceeding? What circumstances warrant such periodic conferences, or do you schedule them as a matter of course?

Please provide your thoughts/comments below.

September 8, 2018

Confidentiality of the proceedings - What are your thoughts?

You are a panel member and a member of the Bar in good standing in a pending arbitration with the following facts. Subcontractor files a claim for contract balance due regarding the construction of a bridge which is heavily traveled on a regular basis. One of the panelists is a licensed professional engineer and states in caucus that having heard the evidence, in her professional opinion the bridge will collapse within the year. The other panel members are lawyers experienced in construction but neither have an engineering degree. The Panel reconvenes and raises the safety issue. Counsel for each of the parties respond that the safety issue is not before the Panel and that they initiated the arbitration process to preserve the confidentiality of the proceedings. What should the Panel do?

Please provide your thoughts/comments below.

September 16, 2018

Arbitration of sexual discrimination, sexual harassment, and/or sexual misconduct claims - What are your thoughts?

What are your thoughts on pending state legislation banning the arbitration of sexual discrimination, sexual harassment, and/or sexual misconduct claims in the workplace? Will such legislation help ameliorate the "black eye" that mandatory arbitration has in the employment arena? Is such legislation pre-empted by the FAA? Do these statutes improperly elevate only these kinds of claims over other anti-discrimination or workplace protection claims?

Please provide your thoughts/comments below.

September 23, 2018

Singapore Convention - What are your thoughts?

Do you believe that the advent of the Singapore Convention (facilitating the enforcement of mediated settlement agreements amongst treaty signatories) will result in an increase in the number of cross-border mediations? Why or why not?

Please provide your thoughts/comments below.

September 30, 2018

Early Neutral Evaluation - What are your thoughts?

In practice, an early neutral evaluation is neither early, neutral, or an evaluation - agree or disagree?

Please provide your thoughts/comments below.

About September 2018

This page contains all entries posted to Resolution Roundtable in September 2018. They are listed from oldest to newest.

August 2018 is the previous archive.

October 2018 is the next archive.

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