Orlando Mediator Lawrence Kolin explores current issues in Alternative Dispute Resolution, including mediation and arbitration of complex cases by neutrals resulting in settlement of state and federal litigation and appeals. This blog covers a wide variety of topics-- local, national, and international-- and includes the latest on technology and Online Dispute Resolution affecting sophisticated lawyers and parties to lawsuits.
Tuesday, March 29, 2016
Special Master Scolds in Water Wars
Wednesday, March 16, 2016
China Sea Arbitration
Thursday, March 10, 2016
Sheen 'Winning' Argument For Sex Arbitration
Charlie Sheen and his former sex companion Brett Rossi are being sent to arbitration to determine whether Rossi's lawsuit against Sheen over his previously undisclosed HIV status will be decided by an arbitrator or a judge. Apparently, Sheen's girlfriend signed a non-disclosure agreement (NDA) that included a mandatory arbitration provision. Reportedly, Sheen's attorneys asked the court to send the matter to arbitration, while Rossi's attorneys argue the entire agreement is illegal and the validity of the contract should be decided by a judge. A Los Angeles Superior Court has now ruled in favor of Sheen's petition to compel arbitration, finding "The arbitration agreement expressly indicates that any questions concerning whether or not the agreement should be resolved by way of arbitration are left to the arbitrator." The couple's agreement “purports to govern ‘any and all disputes, claims or controversies between us of any kind or nature whatsoever.’” The court rejected arguments that because the purpose of the NDA was to facilitate sex for money the entire agreement is void. An arbitrator will now decide arbitrability as has been the trend in legal rulings of late. See story here-- http://bit.ly/1R8YbhF
Wednesday, March 2, 2016
AHLA Amends Arbitration Rules
The American Health Lawyers Association (AHLA) developed the first national roster of arbitrators, mediators, and hearing officers with health law expertise. It remains the only national service dedicated exclusively to resolving disputes in the health care industry. Its board approved amendments to the current rules, which will take effect on March 14, 2016. These are the key substantive changes:
Default Timeframe: The goal is now to issue a final award in twelve months, not eight.
Filing Fee for Counterclaim: To file a counterclaim or third party claim, a party must now pay the same amount as the fee for filing the claim.
Sanctions for Non-Payment: Arbitrators are now explicitly authorized to sanction a party who fails to pay a deposit, unless the failure is due to financial hardship.
Filing Fees for Consumers: Consumers no longer must pay a filing fee if a claim is submitted pursuant to a court order. The respondent must pay this fee instead.
The new rules are posted on the AHLA website here-- www.healthlawyers.org