Case BriefsBy Deborah HawkinsAlternative Dispute Resolution, February 2026A collection of case summaries that discuss alternative dispute resolution, from staying a petition to compel arbitration, to arbitration fees, and more!
The SEC Says It Will No Longer Consider Mandatory Arbitration Clauses Potential Roadblocks to Acceleration of Effectiveness of Registration StatementsBy Andrew L. FranklinAlternative Dispute Resolution, February 2026Securities and Exchange Commission Chairman Paul S. Atkins is on a mission to “Make IPOs Great Again.” In an Open Meeting Statement regarding the Policy Statement, Chairman Atkins acknowledged, “[t]he agency has, however, scrutinized registration statements filed by companies that have sought to include a mandatory arbitration provision in their governance documents—and injected uncertainty into whether these registration statements would be declared effective.” The September 2025 Policy Statement upends the SEC’s prior skepticism of mandatory arbitration provisions. The primary rationale for the policy shift is aligning SEC practices with recent Supreme Court case law.
Second Circuit Refuses To Compel Arbitration Under NFL Constitution, Which “Provides for Arbitration in Name Only”By Jay SchleppenbachAlternative Dispute Resolution, February 2026Arbitration agreements are generally enforceable even though they mean the parties give up certain procedural rights they would otherwise enjoy. Even though the standards for avoiding arbitration based on the design of the arbitration are high, they are not impossible to meet. The Second Circuit’s recent decision in Flores v. New York Football Giants, Inc. demonstrates where a court may refuse to compel arbitration when such procedure is “arbitration in name only.”
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, November 2025Summaries of recent case decisions that may impact forms of alternative dispute resolution, including waiving arbitration in class action suits, enforcing arbitration agreements under third-party beneficiary theory, the consequencse of failing to comply with arbitral administrator's rules, severing unconscionable portions of arbitration clause agreements, and more.
Expanding the Reach of Mediation: The State-Wide Vision of the Southern California Mediation Association (SCMA)By Judge Ann Breen-GrecoAlternative Dispute Resolution, November 2025The Southern California Mediation Association (SCMA) may be paving the way for expansion of mediation services. Recently, the SCMA has evolved from a regional to a state-wide organization, positioning itself as the largest mediation organization in California, and expanding access to mediation services within the state.
Getting Help: It’s OKAlternative Dispute Resolution, November 2025Resources for lawyers who are struggling with substance abuse issues or mental health conditions.
Supreme Court Rejects “Minimum Contacts” Requirement To Enforce Arbitration Awards Against Foreign StatesBy Jay SchleppenbachAlternative Dispute Resolution, November 2025The Supreme Court’s recent decision in Devas illustrates the pro-arbitration leaning of the United States legal system. Companies that arbitrate in the United States and abroad should take comfort that this remains a favorable jurisdiction to seek enforcement of arbitration awards, even where those awards involve foreign states or state-owned entities.
What Is the Remote Practice of Law?By Stephen B. CohenRural Practice, October 2025In this article, the author emphasizes and describes how a major event affecting all aspects of society has changed many traditional aspects of the practice of law.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, August 2025Summaries of federal cases dealing with issues ranging from motions to compel arbitration, illusory arbitration agreements, delegation clauses, and more!
AI and Law: An Opportunity to Improve Legal PracticeBy Damien RiehlAlternative Dispute Resolution, February 2025Recent exponential leaps in advanced large language models have presented both opportunities and challenges that have the capacity to reshape the legal landscape.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, February 2025Summaries of written decisions issued in five cases of interest to ADR practitioners.
The Law: A Proverbial Hammer or Shield in Collaborative Practice?By Sandra Crawford, J.D.Alternative Dispute Resolution, February 2025The Collaborative Process aims to help clients find customized solutions that meet their self-identified needs while understanding the legal framework. In collaborative law, transparency is crucial in fostering effective conflict resolution. It involves openly sharing information, including legal perspectives and potential outcomes, with all participants.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, January 2025Summaries of written decisions issued in nine cases of interest to ADR practitioners.
CFPB Permanently Bans Company from Arbitrating Consumer Financial DisputesBy Jay R. SchleppenbachAlternative Dispute Resolution, January 2025The federal government exercises oversight over arbitration, for instance through legislation exempting certain classes of disputes from arbitrationor delegating to agencies the power to regulate arbitration clauses in certain types of contracts. In October 2024, a more obvious form of oversight came to public view when the Consumer Financial Protection Bureau entered a consent order permanently banning Ejudicate, Inc. from arbitrating consumer financial disputes.
Development of the Restorative Justice Movement in Northern IrelandBy Judge Ann Breen-GrecoAlternative Dispute Resolution, January 2025Restorative justice as a concept dates back centuries, emphasizing accountability, reparations, and community engagement over punishment. It focuses on repairing harm caused by crime through dialogue and understanding among affected parties. In Northern Ireland, the adoption of restorative practices was shaped significantly by the aftermath of “The Troubles.” Communities felt that traditional punitive approaches, especially those implemented by the British-controlled judicial system, often exacerbated mistrust and division rather than healing.
What Is the Remote Practice of Law?By Stephen B. CohenAlternative Dispute Resolution, January 2025In this article, the author emphasizes and describes how a major event affecting all aspects of society has changed many traditional aspects of the practice of law.
Case BriefsBy ADR Section CouncilAlternative Dispute Resolution, November 2024Summaries of written decisions issued in nine cases of interest to ADR practitioners.
Jordan Chiles Olympics Controversy Highlights Arbitral IssuesBy Jay R. SchleppenbachAlternative Dispute Resolution, November 2024On August 10, 2024, United States Olympic gymnast Jordan Chiles made headlines when the Court of Arbitration for Sport (CAS) overturned her bronze-medal finish in the gymnastics floor exercise finals of the Paris Olympics and instead held that bronze should be awarded to a Romanian gymnast. Chiles has appealed the CAS’s decision to the Swiss Supreme Court. Whatever the merits of that appeal may be, the controversy has brought arbitration issues into the limelight in an interesting way.
New Federal Reporting Requirement for Your Law Firm This YearBy Annette FernholzAlternative Dispute Resolution, November 2024A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.
Capping Arbitration: India’s Contentious Policy ShiftBy Menaka SawhneyAlternative Dispute Resolution, September 2024A critical examination of India’s recently released office memorandum, “Guidelines for Arbitration and Mediation in Contracts of Domestic Public Procurement.”
Case BriefsAlternative Dispute Resolution, September 2024Summaries of written decisions issued in seven cases of interest to ADR practitioners.
If Tomorrow Never Comes …. (A message to my judicial colleagues)By Hon. April TroemperBench and Bar, September 2024LIFE IS A GIFT. Each of us was born in this moment in time … not a hundred years ago, but now. Who we encounter, what we do, where we go, what we say, how we treat others professionally and personally … it all matters.
