Education Alternative Dispute Resolution (ADR)

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New Process for Conflict Resolution in WV Schools

Beginning in August, school districts will need to prepare for a new process to address conflicts and complaints from citizens. On August 11, the new/amended process, known as the “Conflict Resolution Process for...more

Employment Law - June 2014

California Supreme Court Strikes Down $15 Million Employee Class Action Win and Orders Decertification in Duran V. U.S. Bank Nat’l Ass’n - Why it matters: On May 29, 2014, the California Supreme Court unanimously...more

Positive Impact of the Recent 3020-a Amendments on a School District’s Ability to Manage Tenured Teachers

Although no one would argue that the process for removal of a tenured teacher pursuant to §3020-a of the Education Law of New York is optimal, the amendments to the this statutory provision that apply to all charges against...more

Bridgeport Board of Education v. NAEG, Local RI-200: What is the Appropriate Punishment for Actual and Perceived Threats in the...

We have all been emotionally touched by the tragedies in Columbine and Sandy Hook, not to mention workplace shootings such as those at Hartford Distributors and the Connecticut Lottery. In that context, employers (and...more

NYU Agrees To Recognize Graduate Student Organizing Rights

As we reported last year, the fight over graduate student organizing rights has taken yet another tumultuous turn at the National Labor Relations Board. The Board has changed its position twice in recent years on the issue of...more

Federal Arbitration Act Preempts California’s Broughton-Cruz Rule, Allowing Arbitration of all Claims Including Claims for...

A federal district court denied a motion to compel arbitration for claims for injunctive relief under California’s unfair competition law, Consumer Legal Remedies Act, and false advertising law but granted the motion as to...more

Don’t Miss Two Changes To Special Education In The Illinois School Code

Two changes to the School Code took effect at the beginning of the 2013-2014 school year related to special education of which IEP teams should be aware. The first change relates to transition plans. ...more

Ninth Circuit Enforces Student Loan Arbitration Agreement

On April 11, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a national bank could compel arbitration of a dispute involving student loans. Kilgore v. KeyBank, Nat’l Ass’n, No. 09-16703, 2013 WL...more

Recent Alberta Court of Queen's Bench Decision Finds that Grievance Process Communications are Privileged

A grievance process is designed to promptly resolve workplace disputes by encouraging a frank and open dialogue between the parties. Accordingly, Arbitrators have long held that communications exchanged in the grievance...more

Arbitrator’s Decision Reinstating Paraprofessional Accorded Significant Deference By Illinois Supreme Court

In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more

Education Update, No. 1, January 2013: Employment Contracts – Who Needs Them And What Needs To Be In Them?

As indicated in the companion article written by Candice Pinares-Baez, January begins the hiring season for most schools. Job fairs, conferences, and recruiting are in full force. It is also the time to take a look at your...more

Divorce Mediation eBook

We are excited to announce the publication of our new eBook on Divorce Mediation. Learn what the many benefits are by getting a divorce through mediation versus a long, expensive and protracted contested divorce. See also how...more

Beware The Sounds of Silence

In a time of budget cuts -- including cuts directed against public employees -- Griggsville Perry Community Unit School District v. Illinois Educational Labor Relations Board may wind up offering important guidance to the...more

What do Larry Page, Sergey Brin, and Mark Zuckerberg have in common?

Demographic trends —delayed marriages, considerable wealth being created pre- marriage, and an almost 50% rate of divorce—bring an urgency to the issue of apportioning the active and passive components of the growth in value...more

RECOGNITION OF PALESTINIAN STATEHOOD: A CLARIFICATION OF THE INTERESTS OF THE CONCERNED PARTIES

This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The...more

RECOGNITION OF PALESTINIAN STATEHOOD: A CLARIFICATION OF THE INTERESTS OF THE CONCERNED PARTIES

This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The...more

When Mediation is the Best Process to Resolve a Dispute

Mediation is a process in which a third party or mediator assists parties in a dispute to resolve a conflict. The process is private, voluntary, informal and non-binding. There are circumstances when mediation may be a...more

When is Negotiation the Best Process to Resolve a Dispute

We are all involved in negotiations in our daily lives. When disagreements arise among families, friends, or co-workers, we often try to resolve the conflict by communicating our position and attempting to persuade the other...more

INFORMATION ON ATTORNEY-CLIENT FEE AFTER ARBITRATION

THIS DOCUMENT COVERS:Information Regarding Rights After Attorney-Client Fee Arbitration (Alternative Dispute Resolution) ...more

Discrimination Law Survey Results Live Discussion

Join us for a live Twitter Chat when we discuss this survey and much more on 11/10/2010 at 1pm and 7pm. We will have our very own Kenneth Horton Co-moderate with Stephanie R.Thomas Ph.D for our 1pm lunch time live chat. At...more

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