Education Alternative Dispute Resolution (ADR) Civil Procedure

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Taking The “Due” Out of Due Process – OSERS and Compliance Complaints

During a brief altercation in Dashiell Hammett’s classic novel, The Maltese Falcon, the protagonist, Sam Spade, warns one of his antagonists that “when you’re slapped, you’ll take it and like it.” That is much the same...more

Kentucky Supreme Court Reinforces Importance of Properly Incorporated Arbitration Provisions to Larger Agreements

The Kentucky Supreme Court recently held that an arbitration provision signed by a class of students upon their application and acceptance to a for-profit college was unenforceable because the enrollment agreement did not...more

Illinois Supreme Court Agrees to Decide Do Not Hire Dispute Between Teachers Union and Chicago Board of Education

In the closing days of its November term, the Illinois Supreme Court agreed to decide The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board. Board of Education presents the following...more

Last Best Offer Teacher Arbitration Hearings Can Take Place In Private, Says the Connecticut Supreme Court

In Connecticut, employees who engage in public sector collective bargaining with a board of education employer, fall into two categories: (1) those covered by the Teacher Negotiation Act (“TNA”), i.e., teachers and...more

Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...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

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

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

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

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