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From the monthly archives: January, 2015

We are pleased to present below all posts archived in 'January, 2015'. If you still can't find what you are looking for, try using the search box.

California: Employee's electronic signature may not be an "act" of the employee; arbitration agreement not enforced

Gary Gansle and Nisha Patel, attorneys at Patton Boggs, recently summarized a decision from the California Court of Appeal, holding that an employee's electronic signature to an arbitration agreement may not have been sufficient evidence that the signature was the act of the employee. The court then refused to enforce the arbitration agreement. The California's court's decision is here. The decision is worth reading because it discusses how the company should have authenticated the employee's electronic signature, with the court finding that the company's business manager did not explain how the employee's electronic signature could only be placed on the document by the employee.

How to Win a China Arbitration

Dan Harris, an attorney at Harris Moure, recently published an article titled "How to Win a China Arbitration." Harris writes that "Chinese companies are increasingly requiring commercial contracts with American companies" to have disputes resolved by arbitration in China. Harris' 5 tips on how to prepare and win an arbitration in China are here.

Baseball arbitration

Experienced arbitrators and mediators know about "baseball arbitration." Now is the season. You can find a list of the 175 players who filed for arbitration courtesy of the New York Times. The Times also reports that 95 players already settled, with David Price of the Detroit Tigers agreeing to a one-year, $19.75 million deal last Friday. Those cases that don't settle will be resolved by a three-person panel in February. Of the 146 players who filed for arbitration last year, only 3 needed decisions from arbitrators.

Looking for Mediator Horror Stories

Professor Art Hinshaw at the Sandra Day O'Connor College of Law at Arizona State University is seeking mediator horror stories to share with a broader audience. If you know of a mediator horror story, and can document it in some way, please email the story to art.hinshaw@asu.edu.

Blog: US Supreme Court Asked to Review Case Where Mediator Conflict Alleged to Exist

Hat tip to Disputing Blog.  According to Karl Bayer, author of the article, the US Supreme Court has been asked to review a federal court's order that did not set aside a jury verdict because a court-appointed mediator failed to disclose a "close personal relationship" with an attorney who represented several of the defendants. The Court of Appeals decision is here.

 

Blog: How to Find a Good Divorce Mediator

Michelle Rozen provides five "rules of thumb" for a good divorce mediator. Her article is located at the Huffington Post.
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