The rules of some ADR institutions authorize the tribunal to issue a default award as a sanction. Do you believe that is a good idea in some circumstances? Have you ever heard of such a sanction occurring in an arbitration proceeding?
Please provide your thoughts/comments below.
Now that we are hopefully seeing the beginning of the end of the pandemic, more and more in-person hearings are taking place. Does having food, snacks, beverages easily available during an in-person hearing (mediation or arbitration) help the process. If yes, how? Could it be a distraction to the process?
Please provide your thoughts/comments below.
An arbitrator is retained by the ABC law firm to be a neutral wing arbitrator in a matter where the arbitration clause states that each side retains an arbitrator and the two select a Chair. During the course of the arbitration, a different attorney at the ABC law firm calls the arbitrator directly to retain her services for a mediation. May the arbitrator engage in a conversation with this attorney? May the arbitrator agree to the new retention? How would you handle this situation?
Please provide your thoughts/comments below.
During a mediation, is a joint session necessary? Does it depend on the type of dispute or clients? If you believe in joint session during a mediation, at what point should it occur in the process?
Please provide your thoughts/comments below.
