Despite no magic language, arbitration pact is enforceable
December 31, 2008
In Alexandria political consultant who breached his employment contract can’t overturn a $366,037 judgment against him by claiming the contract’s arbitration clause did not contain specific language required by a federal statute.
The Federal Arbitration Act calls for arbitration pacts to include a clause authorizing a court to enter judgment after an arbitrator reaches a decision. […]
Is ‘binding mediation’ a new solution?
December 31, 2008
No dispute resolution procedure is perfect. Litigation is expensive, protracted, public and risky. Arbitration has become essentially a private litigation with most of its attendant ills, and, even when conducted closer to its original, relatively-streamlined procedures, it is still expensive and in some ways more risky. Mediation requires good faith participation and agreement on the […]
Arbitration clause catches people who didn’t sign contract
September 10, 2008
A government contractor and its corporate officers can force arbitration of claims under a government subcontract, even though some of the corporate defendants did not sign the contract.
Fairfax Circuit Judge Randy I. Bellows said the defendants who did not sign the subcontract nevertheless can invoke its broadly worded arbitration clause to compel arbitration of the […]
Mediation can quickly resolve employment disputes
September 10, 2008
By Paul Holtzman
As companies’ internal alternative dispute resolution programs continue to grow, human resources managers should consider adding mediation to their ADR options.
As an alternative to arbitration at the pre-litigation phase, mediation offers many of the same advantages as mediation between parties already embroiled in litigation.
In fact, mediation of internal workplace disputes offers a number […]
The coming fight over nursing home arbitration agreements
May 14, 2008
Despite recent national attention to the issue of patient arbitration agreements, Virginia so far has avoided legal controversy over the efforts by some medical providers to keep disputes over medical care out of the courts.
In 2004 and again in 2005, Virginia circuit judges rejected efforts by nursing homes to force medical malpractice claims into binding […]
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