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Alternative Dispute Resolution (ADR) law-news Products Liability

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
Ward and Smith, P.A.

Forum Selection Clauses – An Overlooked Contractual Pitfall

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At the time of contracting, few people are thinking of why or how the contract might be breached and what happens if so. However, a forum or arbitration selection clause may pre-determine your outcome regardless of who was at...more

Blake, Cassels & Graydon LLP

Évaluations environnementales en C.-B. : Nouveau processus de règlement des différends et autres modifications importantes

Le 16 avril 2026, le gouvernement de la Colombie-Britannique (« C.-B. ») a adopté le projet de loi 15 intitulé Environmental Assessment Amendment Act, 2026 (le « projet de loi 15 »), qui apporte des modifications au mécanisme...more

King & Spalding

Bankruptcy Court Denies Minority Lenders’ Request to Certify Immediate Appeal of Del Monte Foods Settlement Approval Order

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On April 2, 2026, the U.S. Bankruptcy Court for the District of New Jersey denied a minority lender group’s request to certify a direct appeal to the Third Circuit of its order approving a Del Monte Foods settlement. The...more

ALTO Litigation

April Securities Litigation Brief: A New Enforcement Director, A Defense Verdict and Ninth Circuit News

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SEC Appoints New Enforcement Director- On April 8, the Securities and Exchange Commission appointed David Woodstock as the new director of the SEC’s Division of Enforcement. Woodstock was chair of the Securities...more

JAMS

Foreign Sovereign Immunity in International Construction

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For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an...more

NAM (National Arbitration and Mediation)

The Cost of Delay: Why Waiting to Mediate Medical Malpractice Claims Hurts Both Sides

Medical malpractice litigation is a war of attrition. For plaintiffs, defendants, and their respective counsel, the “traditional” path of a malpractice case is an exercise in endurance....more

McDermott Will & Schulte

Can annulled arbitral awards still be enforced? Key insights across major jurisdictions

Does the annulment of an arbitral award by the courts of the arbitration seat necessarily preclude its enforcement? An examination of Article V(1)(e) of the United Nations Convention on the Recognition and Enforcement of...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Special Needs Divorce—How a Collaborative Team Helps Families Move Forward - May 20th, 12:00 pm - 1:00 pm ET

Carolyn Daly and Lisa Roskos will be presenting along with Dr. Susan Bernstein of Divorce Coach Plus and Elizabeth McKenna of Merrill Lynch in an upcoming webinar, Special Needs Divorce: How a Collaborative Team Helps...more

Troutman Pepper Locke

A Human in the Loop: The Future of AI in Arbitration

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In today’s legal landscape, artificial intelligence (AI) is no longer a distant or speculative concept. Instead, it has morphed into an everyday, practical tool for dispute resolution, especially in arbitration. Although...more

Troutman Pepper Locke

International Arbitration at an Inflection Point

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International arbitration remains a popular mechanism for resolving cross‑border disputes because of its enforceability, neutrality, and flexibility. At the same time, AI, third‑party funding, and evolving expectations around...more

Ankura

Managing Claims and Avoiding Conflict Through Documentation, Communication, and Early Action

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Delays and associated damages remain among the most common and contentious challenges in construction projects. While delay events themselves may be unavoidable, how parties document and address potential delays can make the...more

Miles Mediation & Arbitration

The Deal Beyond Dollars: Non-Monetary Terms that Matter

When parties are preparing for mediation, it’s not uncommon to focus on financial resolutions.  But in disputes involving identity, emotions, loss, or impact to reputation — such as employment litigation or higher education...more

Ballard Spahr LLP

Virginia Moves Toward State-Court Class Actions: A Major Shift with Significant Business Implications

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Virginia is on the verge of making a consequential change to its civil justice system. Legislation now pending before Governor Abigail Spanberger would authorize private class actions in Virginia state courts and make...more

Blake, Cassels & Graydon LLP

B.C. Amends Environmental Assessment Act: New Dispute Resolution Processes and Limits to U.S. Tribes

On April 16, 2026, the province of British Columbia passed Bill 15, the Environmental Assessment Amendment Act, 2026 (Bill 15), to amend the dispute resolution processes in the Environmental Assessment Act (EA Act). The...more

Cozen O'Connor

Kohut v. Yagelniski, 2026 BCSC 714: Family Arbitration, Finality, and the Limits of Appealing a Last Best Offer Award

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In Kohut v. Yagelniski, 2026 BCSC 714, Justice Wilson illustrated the court’s limits to reviewing a family arbitral award reached through the “last best offer” arbitration process. After reviewing the appellant’s grounds for...more

Venable LLP

NIL Enforcement and State Law Conflict: How University of Nebraska Football Players Could Reshape NCAA Authority

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The college athletics landscape shifted significantly following the settlement in the landmark House v. NCAA litigation, which led to the creation of the College Sports Commission (CSC), an enforcement body tasked with...more

Ervin Cohen & Jessup LLP

Inconsistencies Among Contemporaneous Arbitration Agreements May Not Be Fatal to Enforcement

Employers often rely on multiple onboarding documents to establish an employee’s obligation to arbitrate employment-related disputes.  Unfortunately, that approach can invite a challenge from employees who argue that...more

Lewitt Hackman

Franchisor 101: Claim Preclusion

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The federal district court in North Dakota granted a franchisee’s motion to dismiss a franchisor’s complaint for failure to state a claim and its motion for sanctions, finding the franchisor improperly attempted to relitigate...more

Kilpatrick

The Ninth Circuit Confirms That Arbitration is Bilateral and Collateral Estoppel Cannot be used to Preclude Enforcement of...

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The Ninth Circuit addressed a novel procedural question in O’Dell v. Aya Healthcare Servs., Inc., 171 F.4th 1173 (9th Cir. 2026): whether non-mutual offensive collateral estoppel can prevent enforcement of arbitration...more

Troutman Pepper Locke

Pennsylvania Supreme Court Clarifies Bad Faith and Arbitration Exposure for Sureties

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The Pennsylvania Supreme Court’s decision in Eastern Steel Constructors, Inc. v. International Fidelity Insurance Co., 2026 WL 457805 (Pa. Feb. 18, 2026), has two immediate consequences for Pennsylvania construction projects:...more

Miller Nash LLP

Ninth Circuit Makes Arbitration Easier: Shanahan v. IXL Learning, Inc.

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Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Shanahan v. IXL Learning, Inc. Though unpublished, this decision will make it easier to enforce arbitration provisions contained in...more

Rumberger | Kirk

Viewpoint: How Businesses are Building Proactive Resolution into Legal, Risk Strategy, in Jacksonville Business Journal

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Escalating dispute activity across intellectual property, commercial, employment, and international matters is forcing businesses to rethink how they manage legal risk in real time. Originally published in the Jackson...more

Miles Mediation & Arbitration

From “Alternative” to the Mainstream: Why ADR Has Become Dispute Resolution

For decades, the legal profession has grouped mediation and arbitration under the term Alternative Dispute Resolution or ADR. The label made sense when litigation in court was the standard path, and all other processes were...more

Marshall Dennehey

Florida Appellate Court Holds Right to Arbitrate Did Not Apply Within Lien Transfer Bond

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Andersen Service Corporation v. Old Republic Surety Company, 2026 WL 61436 (Fla.App. 4 Dist., 2026) - A trial court’s order granting a motion to compel arbitration was recently overturned after the Fourth District Court of...more

Miller Canfield

Ninth Circuit Slams the Door on Free Rider Attacks on Arbitration Agreements

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A party sues your company over a contractual dispute. The contract is one you use with other similar counterparties. The contract contains an arbitration clause requiring that any disputes be resolved in arbitration....more

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