Protected Health Information in Mediation and Arbitration – Best Practices
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I just listened in on a conference call presentation on Protected Health Information (“PHI”) in mediation and arbitration. It covered best practices for dealing with the potential disclosure of confidential patient information inherent in many healthcare disputes while navigating the requirements of HIPAA and other laws…
Disclosure Obligations And Repeat Players – What’s An Arbitrator To Do?
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The Ninth Circuit Court of Appeals recently ruled that a JAMS arbitrator had an obligation to disclose his ownership interest in JAMS, a privately owned mediation and arbitration provider…..
AAA’s Eric Tuchmann Offers Arbitration Update to Garibaldi Inn of Court
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The American Arbitration Association’s Senior V.P. and General Counsel, Eric Tuchmann, addressed the October 10 meeting of the Justice Marie L. Garibaldi American Inn of Court for ADR. The Inn was founded…
Arbitration Agreement May Be Incorporated Into Another Contract
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Contracting parties should carefully consider arbitration as their preferred method of dispute resolution when drafting their agreements. A potential trap for the unwary may exist when the reach of one contract’s dispute resolution provision extends to another contract that is silent on the matter.
Ken Feinberg (And Me!) On How To Settle A Dispute
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Ken Feinberg is probably America\’s most well-known neutral – an attorney, mediator and special master in administering mega-settlements such as those formed to compensate the victims of the 9/11…
Should Mandatory Arbitration Be Regulated?
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“Mandatory arbitration” provisions have come under harsh criticism in recent years. (Since all pre-dispute agreements to arbitrate are “mandatory,” it would be more precise to state that pre-dispute arbitration…