Switching chairs from advocate to mediator affords a new perspective. As Michael Dady and others have reminded us over the years, what you see depends on where you sit (or stand). Conduct that I once thought was useful during my 40 years as an advocate, I now see as counter-productive as a full-time neutral. From where I sit as a mediator of franchise disputes, here’s a list of mediation behaviors lawyers should engage in to increase the likelihood of resolution.
Read MoreTen Things an Arbitrator Hates about Arbitration— With Apologies to William Shakespeare and Heath Ledger By Arthur L. Pressman, Arthur L. Pressman Dispute Resolution Services, LLC
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Secrets in Plain Sight: What a Mediator Sees that You May Not. How to Maximize Your Opportunity to “Win” at Mediation. By Arthur L. Pressman, Arthur L. Pressman Dispute Resolution Services, LLC
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Ending a nagging circuit split and narrowing differences between domestic and international arbitration, the Supreme Court has now made it easier for non-signatories to enforce international arbitration agreements in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC, No. 18-1048, 2020 WL 2814297 (U.S. June 1, 2020). In doing so, the Court healed a two-way split in four Circuit Courts of Appeal and made international arbitration agreements under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), 21 U.S.T. 2517, T.I.A.S. No. 6997, more like domestic agreements under the Federal Arbitration Act (the FAA), 9 U.S.C.A. §§ 1-16 (West 2020). If a non-signatory to an international arbitration agreement can show that it has a sufficiently strong connection to a signatory, it will now have standing to enforce that agreement in a United States court much as it would with respect to a domestic arbitration agreement.
Read MoreIn the Richardson v. Coverall North America, Inc., Nos. 18-3393 and 18-3399, opinion of April 28, 2020, the U.S. Court of Appeals for the Third Circuit issued an opinion that once more evaluated an arbitrator’s authority to decide his or her own jurisdiction.
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