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Documents on alternative dispute resolution
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|What is the Difference Between Mediation and Arbitration?|
David L. Allen; Jaburg & Wilk, P.C.;
May 22, 2014Many people use the terms “mediation” and “arbitration” interchangeably, mistakenly believing they are two different words that mean the same thing. While the English language is curiously replete with examples of different words with the same meaning (i.e....
|Insurance Carrier Barred from Seeking Reimbursement of PIP Benefits after Failing to Demand Arbitration within 2 Years|
Gina M. Zippilli; Capehart & Scatchard, P.A.;
May 14, 2014, previously published on May 12, 2014Personal Injury Protection insurance (“PIP”) is part of New Jersey’s no-fault motor vehicle insurance system and is the primary source of coverage for the medical bills of people injured in motor vehicle collisions. New Jersey requires motorists to carry PIP as part of their motor...
|So You Think Your Arbitration Agreement is “Good Enough”?|
Stephen Antle; Borden Ladner Gervais LLP;
May 7, 2014, previously published on April 30, 2014Experienced arbitration counsel spend a lot of energy impressing on corporate colleagues and in-house counsel the importance of using arbitration expertise when drafting arbitration agreements. Sometimes it seems we’re not taken seriously - that our audience thinks it’s “good...
|Teck Continues Random Drug and Alcohol Testing - For Now|
Larry Page; Davis LLP;
May 5, 2014, previously published on April 30, 2014Teck Coal Limited (“Teck”), British Columbia’s largest mining company, implemented a new mandatory random drug and alcohol testing policy in December 2012 in the province. The policy was presented in November 2012 for union review and the union lodged a grievance of the policy...
|Mediation, Arbitration or Litigation: How to Pick Your Poison|
David P. Ray; Bernstein Shur;
April 30, 2014, previously published on April 24, 2014Probably the last thing on your mind at the beginning of a job is considering how and where you will prosecute or defend claims arising from the project. But it is highly likely that, buried somewhere in the agreement you are about to sign, there is a provision that makes a selection of a method...
|NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration|
Ursula A. Kienbaum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 29, 2014, previously published on April 21, 2014In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if adopted, would significantly undermine the finality of arbitration in...
|India’s New Corporate Social Responsibility Requirements - Beware of the Pitfalls|
Theodore T. Chung, Karen P. Hewitt, Glyn Powell, Sumesh Sawhney, Sheila L. Shadmand; Jones Day;
April 21, 2014, previously published on April 2014In August 2013, the Indian parliament passed the Indian Companies Act, 2013 (the "New Act"), which has replaced the Companies Act of 1956. The New Act has made far-reaching changes affecting company formation, administration and governance, and it has increased shareholder control over...
|Arbitration Clause Survives Termination of Contractor Agreement, Federal Court Rules|
Jackson Lewis P.C.;
April 21, 2014, previously published on April 15, 2014An arbitration clause survived the termination of the underlying agreement even though the clause was not specifically referenced in the agreement’s survival clause, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has ruled in a case of first impression among the federal...
|California Court Gives the Green Light for Arbitration of Wrongful Termination Suit|
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
April 21, 2014, previously published on April 16, 2014Sanchez v. CarMax Auto Superstores California, LLC, B244772 (March 4, 2014): The California Court of Appeal recently found that an employer’s arbitration agreement and dispute resolution rules and procedures (DRRP) are not “unduly harsh, oppressive, or one-sided” even though they...
|Arbitration Proper for Defendant Condo Association, But Not For Defendant Unit Owner|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
April 20, 2014, previously published on April 2014Plaintiff Kamal Jahanbein, a unit owner and member of the Ndidi Condominium Unit Owners Association, Inc. (the Condo Association), sued the Condo Association for breach of fiduciary duty and sued Jamal Sahri, a fellow unit owner, for negligence, after the water pipes in Mr. Sahri’s unit burst...