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Documents on alternative dispute resolution
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|Understand State’s Mediation Privilege Rules Before Mediation Preparations|
Sutherland Asbill Brennan LLP;
February 13, 2015, previously published on February 7, 2015It may be surprising to some, but not all states have the same rules regarding privilege of statements used in mediation. The U.S. District Court for the Eastern District of Pennsylvania recently considered the boundaries of the privilege under Pennsylvania law. In the case, following a workplace...
|It's 5 O'Clock and the Whistle Blows|
Robert L. Holzberg; GrayRobinson P.A.;
February 13, 2015, previously published on December 16, 2014As advocates and mediators, we’ve all been there. It is late in the day, the parties are checking their watches, counsel are gathering their papers and the mood in the room is darkening. Is it time to pack up and get ready for tomorrow’s case, or time for a “reset” in an...
|Arbitration Provisions Must Include Clear and Unambiguous Waiver of Claimant’s Right to Sue in Court, New Jersey Supreme Court and Appellate Division Courts Hold|
Steven J. Luckner, Evan J. Shenkman, Ryan T. Warden; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 2, 2015, previously published on December 29, 2014New Jersey employers with mandatory arbitration provisions seeking to compel the arbitration of employment disputes with their employees would be well-served to reexamine such provisions in light of recent decisions by New Jersey appellate courts.
|Alberta Arbitration Board Rejects Random Drug & Alcohol Testing Policy|
Steven A.A. Dollansky; McLennan Ross LLP;
January 30, 2015, previously published on March 28, 2014An Alberta Arbitration Board has concluded in the Unifor, Local 707A v. Suncor Energy Inc (“Suncor”) policy grievance that Suncor’s random drug & alcohol policy imposed at its oil sands operations is an unreasonable exercise of the employer’s management rights.
|New LCIA Arbitration Rules Come into Effect Today|
Vasilis F. L. Pappas, George M. Vlavianos; Bennett Jones LLP;
January 20, 2015, previously published on October 1, 2014The London Court of International Arbitration (LCIA), one of the world’s leading international arbitration institutions, recently adopted a new set of arbitration rules, which will come into force on October 1, 2014. The new rules revise and update the previous version of the LCIA Arbitration...
|Changes to Italian Civil Proceedings in Italy|
Withers Bergman LLP;
January 20, 2015, previously published on December 8, 2014On 6 November 2014, the Italian Parliament approved a bill to improve the efficiency of civil proceedings. The new rules are effective from 10 November 2014.
|Disputants Await Clarification of Mediation Privilege’s Boundaries|
Gannon G. Beaulne, Julia E. Schatz; Bennett Jones LLP;
January 20, 2015, previously published on November 17, 2014Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement privilege. But the extent to which parties can pierce this bubble of...
|Those Hiring Private Investigators Must Be Aware of Privilege and Privacy Legislation|
Justin R. Lambert, Steven L. Major; Bennett Jones LLP;
January 19, 2015, previously published on April 25, 2014When a fraud is suspected, the litigator often turns to a private investigator to gather evidence about, and to use against, the fraudster. Retaining and instructing an investigator must be undertaken with extreme caution to avoid ultimately prejudicing the case against the wrongdoer. Those...
|CIETAC Publishes New Arbitration Rules|
Ashley M. Howlett; Jones Day;
January 19, 2015, previously published on December 2014In the aftermath of the "split" with the Shanghai and Shenzhen sub-commissions of the China International Economic and Trade Arbitration Commission ("CIETAC") resulting from the 2012 revision to the CIETAC arbitration rules, CIETAC has unveiled a new set of arbitration rules,...
|Confidentiality Clauses and Privilege: A Delicate Balance|
Scott H. D. Bower, Russell J. Kruger, Aaron F. Rankin; Bennett Jones LLP;
January 19, 2015, previously published on May 12, 2014Parties to a mediation have a wide latitude to contractually shape the extent of confidentiality that applies, and even may exclude exceptions to settlement privilege, the Supreme Court of Canada recently held in Union Carbide Canada Inc v Bombardier Inc, 2014 SCC 35 [Union Carbide].