By amending the sanctions regime in the Employment Arbitration Rules in May 2025, the American Arbitration Association® (AAA®) has aligned these rules with the Commercial, Construction, and Payor/Provider Rules. In so doing, the AAA has made explicit what was arguably…
Blog Archives
A Neutral’s View of Preliminary Arbitration Issues
I am not a transactional lawyer. As a long-time neutral, however, I have the opportunity to review arbitration clauses at the beginning of every case, occasionally interpret them and see the effects that those differing clauses have on the conduct of an arbitration. …
Speak Firmly and Carry a Native American Talking Stick: Calming Turbulent Waters Using an Ancient Tradition
As a former litigator and now full-time ADR professional, I serve as a court-appointed special master from time to time. I have recently presided over a complex business dispute involving multiple parties that has been dragging on for years. The…
12 Arbitration Tips to Reduce Stress, Increase Opportunities
Arbitration is not only an effective way of resolving a dispute, it also has several advantages over the courtroom. An arbitration hearing creates less stress and can present more opportunity. It can even be fun—if you’ve done your homework to avoid common pitfalls.
How to Get What You Want in Mediations: Prepare Yourself Procedurally, Substantively and Psychologically
Preparing for mediations requires much more than evaluating legal and procedural issues. It’s critical for attorneys to balance the four hats they wear: advisors, advocates for justice, negotiators, and evaluators of proposed settlements.
A Practical Path Towards Better Mediations
While every mediation has a different set of facts and legal arguments. they still share many similarities. This is one of my observations during the last 25 years as a mediator and litigator. And while each mediation has its own…
Improving your Mediation Experience
Practical Tips and Suggestions: While securities mediations deal with different facts and arguments, they nevertheless share many similarities. That, at least, has been my observation over the years as a mediator and practitioner. And while each mediation has its own…
