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Five Habits of Highly Effective Conflict ResolversBy Dina Beach Lynch, Esq. Steven Covey had the right idea. There are discreet skills and attitudes, habits if you will, that can elevate your practice to a new level. This article shares a selection of habits and attitudes that can transform a good resolver into a highly effective one. By that I mean someone who facilitates productive, meaningful discussion between others that results in deeper self-awareness, mutual understanding and workable solutions.
I have used the term ‘conflict resolver’ intentionally to reinforce the idea that human resource professionals and managers are instrumental in ending disputes, regardless of whether they are also mediators. These management techniques are life skills that are useful in whatever setting you find yourself. With these skills, you can create environments that are respectful, collaborative and conducive to problem-solving. And, you’ll teach your employees to be proactive, by modeling successful management behaviors.
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1.UNDERSTAND THE EMPLOYEE’S NEEDS
Since you’re the ‘go to person’ in your organization, it’s natural for you to jump right in to handle conflict. When an employee visits you to discuss a personality conflict, you assess a situation, determine the next steps and proceed until the problem is solved. But is that helpful?
When you take charge, the employee is relieved of his or her responsibility to find a solution. That leaves you to do the work around finding alternatives. And while you want to do what’s best for this person (and the organization), it’s important to ask what the employee wants first-- whether it’s to vent, brainstorm solutions or get some coaching. Understand what the person entering your door wants by asking questions:
How can I be most helpful to you?
What are you hoping I will do?
What do you see my role as in this matter?
2.ENGAGE IN COLLABORATIVE LISTENING
By now everyone has taken at least one active listening course so I won’t address the basic skills. Collaborative Listening takes those attending and discerning skills one step further. It recognizes that in listening each person has a job that supports the work of the other. The speaker’s job is to clearly express his or her thoughts, feelings and goals. The listener’s job is facilitating clarity; understanding and make the employee feel heard.
So what’s the difference? The distinction is acknowledgement. Your role is to help the employee gain a deeper understanding of her own interests and needs; to define concepts and words in a way that expresses her values (i.e. respect means something different to each one of us); and to make her feel acknowledged - someone sees things from her point of view.
Making an acknowledgement is tricky in corporate settings. Understandably, you want to help the employee but are mindful of the issues of corporate liability. You can acknowledge the employee even while safeguarding your company.
Simply put, acknowledgement does not mean agreement. It means letting the employee know that you can see how he got to his truth. It doesn’t mean taking sides with the employee or abandoning your corporate responsibilities. Acknowledgement can be the bridge
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10 Things To Do To Ensure You Come Across As A Complete Idiot In Your Email CorrespondenceEmail etiquette is one of the most overlooked parts of education even in B Schools across the country. Writing an email is an art, but it isn't all that complicated. It takes a basic level of awareness and some guidelines to ensure your email correspondence can have the desired effectiveness, especially for an Introduction or a Business correspondence.ERP and Portal - Working Together: Getting Maximum Value From Your ERP InvestmentThe 1990 was the decade of Enterprise Resource Planning (ERP). ERP systems became the center of the business operations by providing employee access to information that was consolidated and coordinated in one application. Now, a decade later, many companies want to extend the reach of their ERP to non-ERP applications, and also to their trading partners outside the organization. Getting the right information into the right person's hands, at the right time, in the right place (factory floor, warehouse, 18 wheeler), and in the right format (portal, PDA, printed) is defining the next level of productivity. It is all about providing access and making information truly useful to everyone up and down the entire supply chain.Case Study: Using an Employee Opinion Survey to Affect Organizational ChangeMany organizations that administer employee opinion surveys act on the results in the same way. They analyze the survey data to determine specific areas for action, organization-wide and at geographic, division and department levels. This analysis can result in meaningful insight and change. However, employee surveys contain wealth of data to be mined and most analyses only scratch the surface. When utilized to its full potential this valuable information can stimulate broader and more effective organization development. This case study describes an organization that used its survey to uncover specific "Pockets of greatness" within itself and to further study these discoveries for best practices to model and apply across the rest of the enterprise. The resulting information became a critical aspect of a broader organizational change process.Micromanagement and DelegationDelegation can be difficult to learn because it looks like a huge risk and a huge leap of faith. But it doesn't have to be that way. There are techniques explained in the paper that a person can learn that will help him delegate and get him out of the detail. And he has to get out of the detail if he really wants to be an executive.8 Sources to Research Awesome Article TopicsWriting articles is by far the most effective online promotion strategy the author has come across. If a person can write good, readable, original content, he can easily put himself far ahead of the pack in his field of interest. But article marketers and new article writers are often stumped for topics to write about. Finding topics that appeal to his readers can be time-consuming but well worth the effort.Time and Attendance SystemTime and attendance systems are designed to assist organizations to effectively manage the working hours of employees. They are a paperless system used to collect the work time of employees electronically. The systems automate and simplify timekeeping and human resource management. Time and attendance systems effectively interact with any payroll system.Writing Skills - Before You Write It Down, Know ThisMany people are intimidated by writing. Even so, there are times when writing is the best way to communicate, and oftentimes the only way to get the message across. Thankfully nowadays technology makes memo, letter and proposal writing much easier by providing reliable tools that check and even correct misspelled words and incorrect grammar use. Unfortunately, these tools are not fail proof and will require the support, making the knowledge in this area important.Effective Email - How to Communicate Powerfully by EmailAs with all written communications, emails should be clear and concise. Sentences should be kept short and to the point. This starts with the email's subject line. Use the subject line to inform the receiver of exactly what the email is about. Keep in mind, the subject line should offer a short summary of the email and allows for just a few words. Because everyone gets emails they do not want (spam, etc.), appropriate use of the subject line increases the chances the email will be read and not discarded into the deleted email file without so much as a glance.Making Headway on a Slow Day: 9 Ways to Turn Down - Time Into Productivity TimeIf a person works from home, he knows the kind of day the author mean. He made the calls. He revised those drafts. He sent out the emails. Where is everybody!? As much as he used to relish a slow day when he was corporate, it's a little different when he is playing boss to himself. His mind gets to wandering. Should he head out to the park? Should he hit the mall? Should he... file for unemployment? A slow day is his big chance to get cracking on those little plans that will lead to big business for his company. In this paper the author explains how to make headway on a slow day.Online HOA NewslettersIn homeowner associations, consistent and effective communication is extremely important to build consensus and to keep the gossip mill at bay. Besides the timely distribution of meeting minutes, newsletters are key to this charge. While printed newsletters have been the norm, the internet offers a wonderful alternative to publish newsletters online and eliminate printing, mailing, labeling and postage costs. Online newsletters offer a number of really cool features that printed copy either can't or would be very expensive to duplicate. They can include color for no extra charge so pictures, graphics and fonts can shine with chromatic intensity. The same feature for printed newsletters ratchets up the cost considerably.HOA Newsletter EssentialsEvery homeowner association needs to communicate regularly to the members on HOA related issues like finances, rules, meeting minutes and the like. Adding the personal touch with pictures of newcomers and volunteers makes the piece of greater interest to many. Besides content, newsletters need to have an appealing and organized look. Software programs like Microsoft Publisher offers professional looking templates which require little more than filling in the blanks. With a little effort, the same effect can be cloned with word processing programs like Word and Word Perfect. The internet provides a substantial number of resources to assist in newsletter execution.Do Your Newsletter Subscribers Visit Your Web Site?The Excess Voice newsletter goes out to a little under 10,000 subscribers. Conventional wisdom has it that these 10,000 souls are among the most interested in the web site and the various resources it offers. After all, everyone who receives the newsletter went to the site at least once in order to sign up.Email Newsletter Marketing: Step-by-Step Guidelines for Professional Marketers on Producing Email Newsletters That Get ResultsFew companies achieve the full potential of their email newsletters. Publishing a content-rich newsletter on a regular basis can dramatically increase the number of people who come to a person' site and buy. Creating a quality newsletter and building a large list of loyal subscribers is a long-term strategy. But the results can be remarkable.Great Newsletters Deliver Complete Content, ConsistentlyIn the early days of the web, there were some wonderful, informative, interesting newsletters. Now, more and more newsletters have become little more than HTML candy...with small snippets of incomplete content, accompanied by links through to an accompanying web site. The result is that the newsletters themselves are not interesting, not useful, not satisfying...and destined for the junk folder.Focusing on EzinesDoes a person know how to really increase his sales & profits online? A guaranteed route to success used by many Internet marketers who turn a profit is to incorporate ezines & newsletters into their marketing strategy. Ezines and newsletters are a genuinely useful tool in the Internet marketer' armory. They serve as a platform to communicate products & services to subscribers who have a qualified interest in a certain field or subject - either through advertising, product endorsement or articles and content.
across misperceptions. Engage in Collaborative Listening by:
Help the employee to explore and be clear about his interests and goals
Acknowledge her perspective
* I can see how you might see it that way.
* That must be difficult for you.
* I understand that you feel _______ about this.
Ask questions that probe for deeper understanding on both your parts:
*When you said x, what did you mean by that?
*If y happens, what’s significant about that for you?
*What am I missing in understanding this from your perspective?
3.BE A GOOD TRANSMITTER
Messages transmitted from one person to the next are very powerful. Sometimes people have to hear it ‘from the horse’s mouth’. Other times, you’ll have to be the transmitter of good thoughts and feelings. Pick up those ‘gems’, those positive messages that flow when employees feel safe and heard in mediation, and present them to the other employee. Your progress will improve.
We’re all human. You know how easy it is to hold a grudge, or assign blame. Sharing gems appropriately can help each employee begin to shift their perceptions of the situation, and more importantly, of each other. To deliver polished gems, try to:
Act soon after hearing the gem
Paraphrase accurately so the words aren’t distorted
Ask the listener if this is new information and if changes her stance
Avoid expecting the employees to visibly demonstrate a ‘shift in stance’ (it happens internally and on their timetable, not ours)
4.RECOGNIZE POWER
Power is a dominant factor in mediation that raises many questions: What is it? Who has it? How to do you balance power? Assumptions about who is the ‘powerful one’ are easy to make and sometimes wrong. Skillful resolvers recognize power dynamics in conflicts and are mindful about how to authentically manage them. You can recognize power by being aware that:
Power is fluid and exchangeable
Employees possess power over the content and their process (think of employees concerns as the water flowing into and being held by the container)
Resolvers possess power over the mediation process ( their knowledge, wisdom, experience, and commitment form the container)
Your roles as an HR professional and resolver will have a significant impact on power dynamics
5.BE OPTIMISTIC & RESILIENT
Agreeing to participate in mediation is an act of courage and hope. By participating, employees are conveying their belief in value of the relationship. They are also expressing their trust in you to be responsive to and supportive of our efforts. Employees may first communicate their anger, frustration, suffering, righteousness, regret, not their best hopes. You can inspire them to continue by being optimistic:
Be positive about your experiences with mediation
Hold their best wishes and hopes for the future
Encourage them to work towards their hopes
Be Resilient. Remember the last time you were stuck in a conflict? You probably replayed the conversation in your mind over and over, thinking about different endings and scolding yourself. Employees get stuck, too. In fact, employees can become so worn down and apathetic about their conflict, especially a long-standing dispute; they’d do anything to end it. Yes, even agree with each other prematurely. Don’t let them settle. Mediation is about each employee getting their interest met. Be resilient:
Be prepared to move yourself and the employees though productive and less productive cycles of the mediation
Help the employees see their movement and progress
Be mindful and appreciative of the hard work you all are doing
Hopefully, you’ve discovered that these are your own habits in one form or another and that your organization is benefiting from your knowledge. You can learn more about workplace mediation and mediation in general from these books and websites:
The Power of Mediation
Bringing Peace into the Room
Difficult Conversation: How to Say What Matters Most
www.ne-acr.org (The New England Association of Resolvers)
www.mediate.com (mediation portal site)
www.workwelltogether.com (conflict management toolkit)
"Mediation is based on a belief in the fundamental honesty of human
beings. Which is another way of saying we all want to be treated justly
- that is according to our unique situation and viewpoint on the world.
And we cannot expect to be treated justly if we do not honestly reveal
ourselves." ~ the Honourable Neville Chamberlain, British Prime Minister 1937
Dina Beach Lynch, Esq. is a mediator and conflict coach who launched WorkWellTogether.com Formerly Dina was Ombuds for Fleet Bank where she assisted 48,000 employees to resolve work tensions. Dina can be reached at Dina@workwelltogether.com
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Thinking About Divorce Or Ending Your Relationship? What Do You Do First? Do You Know Your Options? By Susan Murphy-Milano What is a mediator? It is a neutral person. They do not take sides and they are not there to be your marriage therapist. Their goal is to assist you by removing the drama and tension often associated Read more...
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Family Law Attorney J. Vincent González Appointed To Conflict Case Committee J. Vincent González, divorce lawyer and partner in the Scottsdale href="http://www.nrglaw.net" target="_blank" Read more...
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Resolving Conflict By Dr. Jackie Black Conflict is inevitable and a normal part of life. Healthy conflict can lead to positive changes in personal relationships. Negative conflict can be very destructive and can sap energy from everyone Read more...
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How Much is Workplace Conflict Costing Your Company? By Wayne Messick Over the years I have come across several tools that will put a dollars and sense value on the matter of workplace conflict and the importance of its resolution. There are several assumptions in each Read more...
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| conflict management news: |
Federal Court in New Jersey Rules That FAA Preempts Rule Against Class Waivers in Arbitration Agreements
Eighth Circuit Upholds Class Waiver Where Arbitration Agreement and Statutory Fee-Shifting Provision Would Allow Claimant to Recover Her Attorney Fees
California Law Allows Parties to Contract for Heightened Judicial Review of Arbitration Awards
Court Upholds Class Waiver in Wireless Service Agreement Because Customer Had "Meaningful Opportunity" to Reject the Agreement
Texas Court of Appeals: Parties Cannot Obtain Heightened Judicial Review by Arguing That Arbitrator Exceeded Their Powers
Arbitrator Did Not Exceed Powers by Applying Equitable Principles and Excusing Noncompliance with Notice-and-Cure Provision
Arbitration Rules Provided Legal Basis for Attorney Fees Award By Authorizing Arbitrator to Grant Any "Just and Equitable" Relief
Party Who Received Notice of Arbitration But Did Not Object Can Not Raise Post-Award Challenge to Existence of Arbitration Agreement
Colorado Law Permits Attorney-in-Fact to Agree to Arbitration on Behalf of Nursing Home Resident
Sexual Assault Claim Falls Outside the Scope of Employee's Arbitration Agreement
Louisiana Court Holds That FAA Deadline for Challenging Award Does Not Preclude Party from Arguing No Arbitration Agreement
FAA Preempts Texas Law Imposing Special Conditions on Agreements to Arbitrate Personal Injury Claims
FAA Does Not Apply to Mediation Agreements
FORUM Code of Procedure Authorizes Arbitrators to Sanction Parties Who Bring Frivolous Claims
Federal Court Honors Choice-of-Law Provision and Upholds Class Waiver Under Virginia Law
Third Circuit Finds No Procedural Unconscionability Where Employee Agreeing to Arbitrate Was Highly Educated
California Court Finds That Parties Cannot Contract for Heightened Judicial Review of Arbitration Awards
Sixth Circuit Holds That Non-Signatories Have No Right to Interlocutory Appeal of Order Denying Arbitration
Arkansas Federal Court Finds That FAA Preempts Mutuality Requirement
Under Missouri Law, Wrongful Death Claims Now Arbitrable Under Decedent's Arbitration Agreement
Reference to Arbitration Rules Proves Parties' Intent to Submit Arbitrability Questions to Arbitrator
Arbitrator Exceeded His Powers by Disregarding Parties' Instructions to Apply Wisconsin Law
Supreme Court Holds That FAA Grounds for Vacatur Are Exclusive
Federal Arbitration Act Preempts Oklahoma Law Disallowing Arbitration Agreements in Nursing Home Contracts
Seventh Circuit Upholds Arbitrator's Award of Equitable Relief
Supreme Court Grants Cert to Answer Lingering Question on Permissible Scope of Union-Negotiated Arbitration Agreements
Termination of Employee for Refusing to Execute an Arbitration Agreement Covering Pending Claims Held "Retaliatory" by Eleventh Circuit
Supreme Court Holds That "Judge Alex" Must Arbitrate Dispute with Alleged Talent Agent
North Carolina Supreme Court Finds Arbitration Cost-Prohibitive Where Agreement Required Losing Party to Pay for Arbitral Appeal
Arbitration Agreements "Part of the Bargain" If Conspicuous or Brought to Attention Elsewhere in the Contract
Under Mississippi Law, Health Care Surrogates Have Statutory Authority to Agree to Arbitration
Law Firm Did Not Waive Right to Arbitrate by Filing Collection Lawsuit
Ninth Circuit Finds Class Waiver Unenforceable Under Washington Law
Pennsylvania Supreme Court Finds No Federal Preemption of State's Thirty Day Limit on Challenging Arbitration Awards
Party Waived Challenge to Validity of Arbitration Agreement by Not Appearing in Court or Arbitration
Agreement to Arbitrate Must Be Mandatory To Be "Health Care Decision" Under Mississippi Statute
Arbitration Rules Preserve Arbitration Agreement by Allowing Claimant to Avoid Unaffordable Costs
Arbitrators' Lack of Information Does Not Constitute "Mistake" That Would Warrant Award Modification
Awareness of Underlying Contract Along with Access to Its Terms Sufficient to Prove Existence of Arbitration Agreement
Notice Deficiencies Render Class Waiver Unenforceable Under Massachusetts Law
Prohibition on Written Opinions Renders Employee's Arbitration Agreement Unenforceable
Party Fails to Preserve Issue of Arbitrability by Not Objecting to Arbitration Proceeding
Federal Court Grants Comity to Tribal Court's Vacatur of Arbitration Award
Three-Month Deadline for Challenging Award Started to Run When Award Was Placed in the Mail
Power of Attorney for Health Care Decisions Authorized Attorney-in-Fact to Enter Arbitration Agreement
Upholding Class Waiver Under Texas Law Did Not Violate Public Policy of Washington
Award Confirmation Does Not Require Signed Agreement
Ninth Circuit Finds Class Waiver Unenforceable Under California Law
Dispute Arising from "Deep Throat" Revelation Must Be Arbitrated
Nonsignatory Fails in Attempt to Compel Arbitration of Dispute Arising from Separate Agreement
Inventorship Disputes Can Be Resolved Through Arbitration
Good Faith Appeal from Order Denying Arbitration Precludes Further Discovery
Party Waived Right to Arbitrate By Misleading Court on Terms of Proposed Settlement
New Mexico Court Honors Texas Choice-of-Law Provision in Upholding Arbitration Agreement
Arbitrator Must Decide Whether Party Complied with Conditions Precedent to Arbitration
Oregon Court Relies on AAA's Class Arbitration Policy in Holding That Arbitration Agreement Permits Class-Wide Proceedings
Second Circuit Finds "Evident Partiality" Where Arbitrator Attempted to Preserve Neutrality by Not Investigating a Potential Conflict
Proper Mailing of Arbitration Agreement Creates Presumption of Receipt
Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver Under Texas Law
Arbitrator Exceeded His Powers by Disregarding Contractual Mandate to Award Attorney Fees to the Prevailing Party
Doctrine of "Complete Preemption" Creates Federal Jurisdiction over Petition to Compel Arbitration
Arbitrator, Not Court, Must Decide Whether Arbitration Proceedings Should Be Consolidated
New Jersey Arbitration Act Expressly Permits Parties to Contract for Heightened Judicial Review
Operator of Virtual World "Second Life" Must Resolve Real World Dispute in Court
California Law Does Not Allow Parties to Challenge Arbitration Awards Beyond the Statutory Deadline
Colorado Supreme Court Rejects "Intertwining Doctrine" As Basis for Denying Arbitration
New Jersey Federal Court Applies Utah Law in Upholding Bar on Class-Wide Proceedings
Disclosure of Early Neutral Evaluation Violated Court's ADR Rules
Fifth Circuit Upholds Arbitration Agreement in Employment Dispute
Alabama Supreme Court Finds "Clear and Unmistakable" Evidence of Intent to Arbitrate Questions of Arbitrability
Arbitrators Exceeded Their Authority by Ignoring Clear Language of Contract
Class Action Waiver Upheld Under D.C. Law
Ninth Circuit Implicitly Adopts Rebuttable Presumption of Procedural Unconscionability, but Only for Employee Contracts
Ohio Supreme Court Preserves Arbitration Agreement by Severing Provision for Heightened Review
Presumption in Favor of Arbitration Does Not Extend to Jury Trial Waivers
Court Can Delve into Merits of Arbitrable Dispute When Party Seeking Arbitration Requests Ruling on the Merits
Eleventh Circuit: Federal Courts Have Jurisdiction Over a Petition to Compel Arbitration If Underlying Dispute Presents Federal Question
Court Refuses to Enforce Arbitration Agreement Because AHLA Arbitration Rules Elevated the Claimant's Evidentiary Burden
Claim of Duress Raised a Question for the Arbitrator, Not the Court, Because Alleged Duress Related to the Contract As a Whole
Connecticut Supreme Court Upholds AAA Arbitration Award Despite Vacancy on Arbitration Panel
Federal Court Follows Majority Rule and Stays Further Proceedings Pending Appeal from Order Denying Arbitration
Lack of Mutuality Does Not Necessarily Invalidate an Arbitration Agreement Under Oregon Law
Federal Court Upholds Class Action Waiver Under Arkansas Law
Lack of Mutuality and Limitation on Damages Render Arbitration Agreement Unenforceable Under South Carolina Law
California Court Honors Delaware Choice-of-Law Provision in Upholding Agreement to Arbitrate
Fourth Circuit: Validity of Class Action Waiver Is a Procedural Question for the Arbitrator, Not a Gateway Issue for the Court
Arbitration Agreement Governs Underlying Contract Rejected by Bankruptcy Debtor
Kentucky Savings Statute Tolls Deadline for Challenging Arbitration Award
Frivolous Challenge to Arbitration Award Triggers Sanctions
Maryland Court "Stands Firm in the Majority" of Courts Upholding Class Action Waivers
Court Rejects Unconscionability Challenge to Arbitrator's Determination That Class-Wide Proceedings Were Unavailable
California Court Finds That Husband Did Not Have Statutory Authority to Enter Arbitration Agreement on Wife's Behalf
Second Circuit Precedent Allows Courts to Grant Provisional Remedies When International Arbitration Is Pending
Court Finds That Arbitration Can Advance Policy Embodied by Antihazing Statute
Employee Cannot Intervene in EEOC Enforcement Lawsuit If Discrimination Claims Are Subject to Arbitration
ADR Provision Remains in Force After Termination of Underlying Contract
Florida Law Does Not Allow Interlocutory Appeal from Order Vacating Arbitration Award
NASD Arbitration Rules Do Not Allow Class Action Waivers
Florida Courts Remain Split on Who Decides Enforceability of Liability Limitations: Judge or Arbitrator?
Broad Arbitration Clause Empowers Arbitrator to Decide All Disputes, Including Enforceability of Exculpatory Clause
Arbitrator Decides Challenge to Underlying Contract Whenever FAA Governs Arbitration Clause
Arbitrator Exceeded Powers by Awarding Treble Damages When Claimant Only Sought Actual Damages
Core Bankruptcy Proceeding Disputes Are Arbitrable
Arbitrator's Award Was Sufficiently Detailed to Satisfy the Parties' Agreement That the Arbitrator Must Issue a "Reasoned" Award
California Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver
Non-Signatory to Arbitration Agreement Must Object to Jurisdiction Before Award Is Issued
Arbitrators Exceeded Their Powers by Awarding Fees in Contravention of the Parties' Agreement
Nonsignatories Under the Doctrine of Equitable Estoppel Enjoy FAA Right of Appeal
Federal Court Treats "Infancy Doctrine" As a Question for the Court to Determine Existence of Arbitration Agreement
Eighth Circuit Upholds Arbitration Award over Public Policy Challenge
Arbitration Agreement Continues in Effect After Expiration of Underlying Contract
Fifth Circuit Holds That Arbitration Clause in Settlement Agreement Between Seaman and Employer Is Covered by FAA
Court Rejects Unconscionability Challenge to Nursing Home Arbitration
Missouri Court: Motions to Compel Arbitration Will Not Be Granted Unless Served on Opposing Party Within a Reasonable Time
Challenge to Arbitration Award Must Be Timely
Court Orders Arbitration of Derivative Action Pursuant to Shareholders' Arbitration Agreement
Federal Court in Colorado Upholds Bar on Class-Wide Proceedings
Mississippi Supreme Court Upholds Agreement to Arbitrate Questions of Arbitrability
Party Can Seek an Order Compelling Arbitration When Opposing Party Refuses to Arbitrate in Designated Locale
Arbitrator Must Decide Whether a Party Has Waived Right to Arbitrate, Unless Alleged Waiver Is Based on Litigation Conduct
Seventh Circuit: FAA Does Not Require Court to Stay Entire Case When Only Some Issues Are Subject to Arbitration
Texas Federal Court Overturns Arbitral Award Based on Parties' Agreement for a Heightened Standard of Review
Limited Right of Modification Makes Arbitration Agreement Fair and Enforceable
Challenge to Validity of the Contract As a Whole Must Go to the Arbitrator
Receipt of Medicaid Payments Triggers Application of Federal Arbitration Act to Employment Dispute
Sixth Circuit Concludes Arbitrators Did Not Exceed Powers and Upholds Summary Arbitration Award
Fifth Circuit Upholds Finality of Arbitration by Rejecting Nondisclosure of Trivial Relationships As a Basis for Vacatur
Individual Members of Group Health Plan Are Entitled to Arbitration Disclosures Required by California Law
California Courts Are Split on Whether Opt-Out Provision with Delayed Consequences Ensures Enforceability of Class Action Waiver
California Law Governing Attorney-Client Fee Disputes Preempts Binding Arbitration Under State Law, but May Not Under FAA
Under Texas Law, Unconscionability Challenge to Arbitration Agreement Requires Proof of Procedural and Substantive Unconscionability
California Courts Lack Authority to Order Mediation in Some Cases
Workers' Compensation Claim Falls Within Employee's Arbitration Agreement
Oklahoma Supreme Court Diverges from Majority Rule in Holding That the FAA Did Not Apply to a Nursing Home's Arbitration Agreement
Court Cannot Proceed to Trial While Question of Arbitrability Is Under Appeal
Texas Supreme Court Allows Nonsignatories to Claim Benefits of Arbitration
Arbitrator Can Exceed Powers by Committing an Error of Law
Under California Law, Direct Expression of Binding Intent Is Necessary to Exempt Settlement Agreement from Mediation Confidentiality
Mediated Settlement Terms Gave Party Enforceable Seven-Day Right of Revocation
Fifth Circuit Reaffirms Pro-Arbitration Federal Policy and Upholds "Expansive" Arbitration Agreement
Georgia Supreme Court Holds That Prior Arbitration Award Has Res Judicata Effect
Arbitration Moves Forward Even Though Claimant Invoked Right Against Self-Incrimination
Inclusion of Person's Name on Contract Did Not Alone Prove Assent to Arbitration Agreement
Ninth Circuit Splinters on Proper Application of Buckeye
Louisiana Court Rejects Manifest Disregard of the Law as a Basis for Challenging Arbitration Awards
Court Enforces Arbitration Agreement Absent Specific Evidence That Arbitration Costs Are Excessive and Deter Individual Claims
Frivolous Challenge to Arbitration Award Triggers Sanctions
No Amore for Italian Film Distributor Who Waived the Protections of a California Statute Governing International Arbitration
Despite Conflicting Procedures, Separate Arbitration Provisions Still Show Intent to Arbitrate
Federal Court Upholds Credit Card Arbitration Agreement Formed by Change of Terms and Subsequent Use
Courts Will Not Consider Allegations of Arbitrator Bias Until Award Is Issued
Court Upholds Arbitration Award Finding Employer Liable for Discrimination
Confidentiality Protections Apply to Hybrid Procedure Consisting of Arbitration and Mediation
California Federal Court Stays Litigation While Ninth Circuit Decides Issue of Arbitral Class Waiver
Lack of Evidence Is Fatal to Motion to Vacate an Arbitration Award
Arbitrator Exceeds His Powers by Committing Legal Error
California Court Errs by Holding Hearing After, Not Before, Motion to Compel Arbitration
Nonsignatory Must Arbitrate if Receiving Direct Benefits From the Underlying Contract
Indiana Court Refuses to Follow FTC's "Unreasonable" Position on Arbitration of Warranty Claims
FAA Preempts Nebraska Law Requiring Conspicuous Notice of Arbitration Clause
Court Upholds Arbitration Agreement Formed by "Clicking" Acceptance
California Federal Court Upholds Arbitration Agreement Containing Class Action Waiver
Broad Arbitration Clause Covering Future Timber Disputes Remains in Force Years After Harvest
Individual Investor Recoups Losses at Arbitration
Florida Supreme Court Affirms Arbitrator's Authority to Decide Timeliness Defenses
Michigan Court Applies Rational Basis Test to Arbitrators' Award
Arbitrators Have Full Authority to Grant Summary Judgment
Thoroughbred Arbitration Award Has Racehorse Owner Out of Joint
Arbitration Agreement Does Not Support Exercise of Personal Jurisdiction for a Lawsuit By a Nonsignatory
Arbitration Agreements in Loan Documents Need to Exhibit Mutual Obligations to Arbitrate Claims
Employee Prevails in Attempt to Submit Employment Dispute to Arbitration
Court Strongly Endorses Use of Arbitration for Sarbanes-Oxley Employment Claims
Tenth Circuit Holds That Continued Employment Constitutes Assent to Arbitration Agreement
Illinois Supreme Court Supports Class Arbitration Waivers Where Consumers Can Opt Out or Have Affordable Arbitral Remedy
Claims Related to Embezzlement at Law Firm Arbitrable Even With Questionable Litigation Carve Out
California's Mediation Confidentiality Rule Does Not Bar Evidence of Oral Settlement Agreement Reached at Mediation
Arbitration of Fee Dispute and Res Judicata Bar Subsequent Malpractice Lawsuit by E Street Ex
Confidentiality Agreement Protects Statement Made at Mediation
Arbitration Agreement Survives Buyer's Attempt to Undo the Sales Transaction and Covers Non-Signatory Collection Agency
Arbitration Award Bars Subsequent RICO Action Under Doctrine of Res Judicata
First Circuit: There Is No Manifest Disregard Unless the Arbitrator Expressly Disregards the Applicable Substantive Law
Court May Modify Execution of Terms, but not Substance, of Foreign Arbitration Award
Arbitrator Exceeded Authority by Awarding More Than Amount Requested
Fifth Circuit Holds That Arbitration Clause in Insurance Policy Applies Only to Disputes Involving the Insurer, and Not Between Insureds
Tennessee Court Follows "Vast Majority of State and Federal Courts" by Upholding Waiver of Class-Wide Proceedings
Federal Court Says National Arbitration Forum's Arbitral Procedures Ensure the Selection of a Neutral Arbitrator
Arbitrators With Specific Authority Can Issue Supplemental Awards, Says NJ Court
Tenth Circuit: Federal Courts Have Authority to Order Arbitration Outside Their District
Party Does Not Waive Right to Arbitrate by Filing Lawsuit Unless There is Prejudice to the Opposing Party
In California, Parties Can Contract for Judicial Review of Arbitrator's Misapplication of the Law By Using "Magic Words"
Parties' Submissions Expand Arbitrator's Authority
Alabama Supreme Court Says Arbitration Rules Must Provide For Award of Punitive Damages
Arbitration Provides Consumers a Full Range of Legal Remedies
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