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Alternative Dispute Resolution (ADR) Constitutional Law

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
NAM (National Arbitration and Mediation)

Precision Timing: The 3 Strategic Windows for Early MedMal Mediation

Litigators are naturally conditioned to gather as much information as possible. But in medical malpractice, the pursuit of “perfect” information is a financial trap for everyone involved....more

Bricker Graydon Wyatt LLP

Might the American Arbitration Association Be Violating Antitrust Laws?

One of the bigger barriers to health care providers’ ability to challenge managed care organization (MCO) behaviors is contract terms that force all disputes to arbitration. MCOs insist upon arbitration dispute resolution...more

White & Case LLP

Disputes against NATO: What every defense contractor needs to know

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Defense budgets across NATO member states are at historic highs. The North Atlantic Treaty Organization ("NATO") is spending - and that means contracts. For manufacturers, technology providers, logistics companies, and...more

Miller Nash LLP

What Schools, Athletes, and Brands Should Take from the Playfly–Nebraska NIL Decision

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The first wave of post-House name, image, and likeness (NIL) enforcement disputes is beginning to produce written decisions, and a recent arbitration involving 18 Nebraska football players and Playfly Sports Properties offers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Can’t Enforce Staffing Agency Arbitration Agreement, California Court Rules

On May 5, 2026, the California Court of Appeal, First Appellate District, affirmed the denial of an employer’s motion to compel arbitration in a wage-and-hour class action brought by a former employee. The employer sought to...more

JAMS

Why the Right Conversation at the Wrong Time Can Derail Mediation

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We have seen many mediations in which the right conversation, held at the wrong time, made resolution more difficult rather than easier. We come to that observation from different professional paths: decades of...more

DLA Piper

PROFECO Institutional Program 2026–2030: Compliance takeaways for companies operating in Mexico

DLA Piper on

The Ministry of Economy in Mexico recently published the Institutional Program 2026–2030 of the Federal Consumer Protection Agency (PROFECO) in the Official Gazette of the Federation. The Program establishes the objectives...more

Epstein Becker & Green

Words Matter: How to Draft Arbitration Agreements That Hold Up in Court - Employment Law This Week®

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What employers should know about key developments this week: • Arbitration Agreement Drafting Pitfalls: Vague or imprecise language regarding discovery, confidentiality, neutrality, and mutuality can hand employees a...more

Haynes Boone

Arbitration in the Fifth - April 2026

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In April 2026, the Fifth Circuit Court of Appeals’ Crescent City Surgical Operating Co. v. Interstate Fire & Casualty Co. considered the standard for granting a stay of continuing litigation after some, but not all,...more

JAMS

[PODCAST] Why the Right Conversation at the Wrong Time Can Derail Mediation

JAMS on

We have seen many mediations in which the right conversation, held at the wrong time, made resolution more difficult rather than easier. We come to that observation from different professional paths: decades of cross-border...more

Best Best & Krieger LLP

When Summary Proceedings Are Not So Summary: Practical Options Amid California Unlawful Detainer Delays

California’s unlawful detainer process is described as a “summary” proceeding. A defendant has just 10 business days to respond to an action for eviction and the trial is supposed to be held within 20 days of a request....more

JAMS

Do Not Forget Insurance Professionals

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Money fuels settlements. Oftentimes, the person with control over the purse is an insurance professional, not an attorney or a party. While attorneys typically recommend and hire mediators, insurance professionals ultimately...more

Miles Mediation & Arbitration

[Webinar] Best Practices Series Seminar (93rd) - June 10th, 9:00 am - 5:00 pm CDT

Topics include: - Public Interest Law - The MMPA: Pleadings, Practices & Pitfalls - Bad Faith Insurance Risk: Case Law Update - Effective Use of Electronically Stored Information During Trial - Creativity and...more

Foley & Lardner LLP

Check the Arbitral Organization’s Rules Before Agreeing to Arbitrate

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Whether to select arbitration as a dispute resolution mechanism is an important decision when entering into a contract. Deciding whether arbitration should be administered by an organization such as the American Arbitration...more

K&L Gates LLP

Dubai Confirms the Allocation of Jurisdiction Over the Recognition and Enforcement of Foreign Arbitral Awards

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The Dubai Conflicts of Jurisdiction Tribunal (CJT), an independent judicial authority established in Dubai by Decree No. 29 of 2024 to resolve conflicts between the Dubai International Financial Centre Courts (DIFC Courts)...more

Ervin Cohen & Jessup LLP

“All” Means All: The Court of Appeal’s Latest Warning on Overbroad Arbitration Agreements

The recent decision in Stoker v. Blue Origin, LLC is the latest entry in a long line of cases informing the scope and breadth of mandatory arbitration agreements. ...more

Guidepost Solutions LLC

Fact-finding as Strategy: How Cross-Border Investigations Strengthen Latin America Arbitration

Legal hubs, such as Miami and Atlanta, are becoming a preferred setting for hosting Latin American related disputes. Given the nature of political instability and the lack of legal certainty throughout the region and around...more

A&O Shearman

Sanctions take center stage in arbitration

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In this Q&A, international arbitration partners James Freeman and Jennifer Younan consider how sanctions are reshaping international arbitration, from strategic choices around seats and arbitrators to contract law concepts,...more

Miles Mediation & Arbitration

Increasing the Likelihood of a Data-Based Resolution During Mediation: Knowing and Understanding Your BATNA

Any review of current legal headlines will include articles noting crowded court dockets. This crowding is predicted to be exacerbated by the high court’s Loper Bright decision. Thus, the pressure on parties to mediate and...more

Fuerst Ittleman David & Joseph

Florida Arbitration Law Update: Arbitrators Can Decide Arbitrability Questions Brought By Non-Parties To The Arbitration Agreement

The Sixth District Court of Appeal has recently issued a decision at odds with its sister courts: in affirming an order granting a motion to compel arbitration, the District Court held that arbitrators—not courts—must decide...more

Clark Hill PLC

Can an Employee Resist Submitting Their Claim into Arbitration by Using Another Employee’s Unfavorable Arbitration Outcome? The...

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In O’Dell v. Aya Healthcare Services, Inc., the Ninth Circuit addressed whether plaintiffs can use a procedural mechanism, non-mutual offensive collateral estoppel, to avoid enforcement of arbitration agreements—and held they...more

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

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