IndyBar: Why use Arbitration in Family Law?
Arbitration in family law presents a variety of practical applications for family law cases featuring multiple issues or even single issues.
Arbitration
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Why arbitrators aren’t using ChatGPT — not yet, anyway
Linda Beyea is the vice president of innovation at the American Arbitration Association and is on a mission to get arbitrators to pay attention to ChatGPT and other similar artificial intelligence programs.
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Web Exclusive: Federal bill could remove arbitration requirement for sexual misconduct claims
Members of the U.S. House of Representatives and U.S. Senate last month came together in a bipartisan effort to push forward legislation that removes clauses in contracts that require arbitration of sexual assault and harassment claims. H.R. 4445, also known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, essentially puts the ball in the court of individuals who allege sexual misconduct in the workplace or elsewhere, rather than their accused perpetrators.
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Online provider FairShake helps consumers maneuver arbitration process
Teel Lidow, an attorney and entrepreneur, has entered the consumer arbitration space as the CEO and founder of FairShake. This online service helps individuals navigate the arbitration process when they find a billing error or have a complaint about faulty products and services.
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Disappearing act: Jury trials on the decline, but options available to reverse trend
It’s no secret jury trials are declining across America, even as they are increasing in other parts of the world. What’s less obvious, though, is why that decline is occurring and how alternate means of resolving cases are impacting perceptions of fairness.
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Articles
7th Circuit reinstates overtime pay lawsuit against steamboat company
The 7th Circuit Court of Appeals reversed a district court’s dismissal of a lawsuit brought by a steamboat bartender who alleged she and her coworkers were wrongly denied overtime pay by the company that employed them.
John R. Van Winkle: The world of mass arbitrations and Newton’s Third Law
The back-and-forth, tit-for-tat, “be-careful-what-you-wish-for” world of mandatory arbitration clauses continues, with companies on one side and employees and consumers on the other, and there is no indication that the dueling is over.
Laurin: Here’s how to draft an effective arbitration provision
Here’s how to craft arbitration provisions that are consistent with the three well-established goals of arbitration: expertise in the subject-matter area; lower costs; and quicker resolution.
Roseboom: What’s next with AI and the future of mediation?
While it is still wise to give side eye and skepticism to artificial intelligence in the legal field at large, there is also much to be gained from the use and integration of artificial intelligence in the legal industry.
AI use in mediation, arbitration gets a closer look
The use of artificial intelligence, and concerns about how safe and secure it is, is an area of discussion that’s touching all facets of law, including mediation, arbitration and alternative dispute resolution
Credit union’s ‘persistent disavowal’ of rehearing arguments leads justices to uphold original decision, but with a caveat
A credit union’s “persistent disavowal” of the arguments it raised on rehearing led the Indiana Supreme Court to reaffirm its prior ruling that the credit union cannot compel arbitration in a customer’s class-action.
Litigation in Terre Haute housing project dispute must be stayed pending arbitration, COA rules in reversal
A general contractor and insurance company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by a housing developer should not have been denied, the Court of Appeals of Indiana ruled Wednesday in reversing a trial court’s order.
IN Supreme Court: Credit union member’s silence on proposed agreement addendum did not constitute acceptance
A woman who filed a class-action complaint against a credit union didn’t accept an addendum to an agreement that would have forced arbitration, a split Indiana Supreme Court has ruled in reversing a trial court’s decision.
Discovery, motions, parties most common delays in ADR: How arbitrators untangle common process issues
Michael Bishop is a commercial arbitrator. It doesn’t really matter how big any particular case is — the process is essentially the same, which means he’ll see extended delays from the smallest of consumer cases all the way up to large contract cases.
Indiana Supreme Court reverses, remands motion in improper fee lawsuit
The Indiana Supreme Court reversed and remanded a trial court’s motion to compel arbitration in a banking lawsuit involving improper overdraft fees.
Retired judge Tinder joins Chicago firm as neutral, consultant
Retired federal judge John Tinder has joined the law firm Kaplan & Grady LLC as of counsel.
7th Circuit: Employer suing union after strikes not required to arbitrate
An employer suing an employee union after the employees twice went on strike won’t be required to take its claims to arbitration.
Langford: Overcoming overconfidence bias in the settlement process
How does an attorney find that fine line between confidence and overconfidence when counseling clients on whether to accept the other side’s final settlement number or proceed to trial instead?
Models in photo dispute lose battle to compel insurance company to arbitration
An attempt by a group of models to force an insurance company into arbitration was blocked by the Court of Appeals of Indiana but ignited a dispute among the appellate judges over how fully the bench should address the arguments raised.
COA finds for Purdue Federal Credit Union in overdrafting dispute
A proposed class-action complaint concerning overdraft fees against Purdue Federal Credit Union will not move forward after the Court of Appeals of Indiana affirmed PFCU’s granted motion to compel arbitration.
Former David A. Noyes CEO awarded $2M in damages, resolving dispute over termination
An arbitration panel has ordered Indianapolis-based firm Sanctuary Wealth and its predecessor firm, David A. Noyes & Co., to pay $2.06 million in compensatory damages to former Noyes CEO Mark Damer to resolve a yearslong dispute over Damer’s termination.
Appeals on Wheels to hear case involving strip clubs at casino
Court of Appeals of Indiana judges are on the road again this week for traveling oral arguments, this time preparing to hear arguments about compelling arbitration between dozens of models and two Indiana strip clubs.
COA: Contract only requires one side in construction dispute to arbitrate
The owners of a construction project will not be forced to take their complaint against their project’s general contractor to arbitration, but the contractor will need to arbitrate its counterclaims if the claims aren’t resolved, the Court of Appeals of Indiana has ruled.