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An Overview of Labor Arbitration

By Lee Hornberger,Arbitrator and Mediator Introduction This article provides an overview of labor arbitration under collective bargaining agreements. Major features of labor arbitration Labor arbitration is a positive alternative to industrial strife, strikes, and...

The Limitations of Mediator Proposals

By Paul F. Monicatti - Introduction Much has been said and written about the subject of mediator proposals used to potentially close a deal in mediation. A search of Mediate.com, a leading source of scholarly articles, produced 11 pages listing 320 articles under the...

Waiver of Arbitration Post-Morgan v. Sundance – by Laura Athens

  Waiver of ArbitrationPost-Morgan v. Sundance by Laura Athens   Three years ago, the United States Supreme Court significantly changed the standard for determining whether a party has waived arbitration. In Morgan v. Sundance, Inc., the Supreme Court...

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Trauma-informed Care in Mediation – Part 1

 Laura A. Athens - Trauma-informed Care in Mediation – Part 1[1] by Laura A. Athens The paradox of trauma is that it has both the power to destroy, and the power to transform and resurrect.  Peter A. Levine, Ph.D. Most of us have faced trauma at some point in our...

Dispositive Motions in Arbitration: Strategies and Best Practices

Harshitha Ram Dispositive motions in Arbitration A dispositive motion in litigation seeks to dispose of or resolve a claim or issue in the case without going to a full hearing. The moving party argues there are no disputed issues of material fact, and they are...

Reflections on Civility and Ethics

By Lee Hornberger This article discusses some civility and ethical issues we experience in our professional practices. While accepting the Republican presidential nomination on July 16, 1964, Senator Barry Goldwater said: “I would remind you that extremism in the...

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