Blog

When parties cannot agree on arbitration procedure details to supplement a vague arbitration clause, how do those procedural details get decided?

Under the Federal Arbitration Act, what legal status does an arbitral award have once it is confirmed by a court under Section 9?

In arbitration, equitable arguments are:

Section 2 of the Federal Arbitration Act provides that:

Arbitration is often faster than litigation because

Two adult siblings are mediating a dispute about how to divide family possessions after their parent’s death. The mediator invites each to share their emotional attachments to various items and asks questions to explore deeper values—like fairness, family legacy, and sentiment. As one sibling insists on keeping a piece of jewelry because “Mom always promised it to me,” the mediator gently asks, “If we imagine an outcome that both of you could explain with pride to your children someday, what might that look like?” This prompts a shift in tone, and the siblings begin considering more collaborative solutions. Would you describe the mediator’s approach as facilitative, evaluative, or a mix of both? Why?

One key reason mediation is less costly than litigation is:

Joint sessions are especially helpful when:

A county government and a construction firm are in mediation over delays and cost overruns in a community center renovation project. In the joint session, both sides are initially polite but clearly frustrated. A county commissioner repeatedly references broken promises and rising community outrage, while the contractor defends its timeline and warns that additional demands may result in further costs. The mediator listens attentively, paraphrases key concerns, and asks clarifying questions, but the tone of the conversation becomes increasingly rigid. After a long pause, the mediator looks at both parties and says, “I think it may be helpful to speak with each of you separately for a bit.”   What are three potential disadvantages of moving from a joint session to caucuses?

In a mediation of a personal injury case, the plaintiff and defendant negotiate back and forth for over 10 hours about how much money the defendant is willing to pay and the plaintiff is willing to accept to settle the dispute. The plaintiff will not move off of $400,000. The defendant is stuck at $250,000. They both threaten to end the mediation.     What could the mediator do here to break the logjam?