Year: 2017

Nevada Mediation Resources

Posted on By Jay Young No Comments on Nevada Mediation Resources
A man in a dark suit with a light blue tie stands confidently in a well-lit office setting, with vertical blinds in the background.
Las Vegas Nevada top arbitrator mediator special master

I am a Nevada mediator, arbitrator, and special master with experience resolving hundreds of disputes through the best ADR practices. This Mediation Toolbox is designed to assist those involved in mediation in Nevada or federally to navigate the process.

What is Alternative Dispute Resolution (ADR)?
Nevada Supreme Court Defines Mediation
Why Mediation?
Three Things Mediation is NOT
Mediate Instead of Filing That Lawsuit: Trying to Compromise Before Starting a Lawsuit

Mediation Tip #16: You Have Two Ears and One Mouth for a Reason

Mediation Tip #17: Mediation is not Trial

Mediation Tip #18: Piggies Get Fat and Hogs Get Slaughtered

Mediation Tip #19: Be Cautious About Rejecting That Final Offer

Mediation Tip #20: Who Can Attend Your Mediation?

Mediation Tip #21: You Make the Call

Mediation Tip #21: You Have Two Ears and One Mouth for a Reason

Mediation Tip #22: That’s When Something Snaps Up and Bites You

Mediation Tip #23: The Dance for Dollars is Choreographed

Mediation Tip #24: An Apology is Privileged Settlement Communication

Mediation Tip #25: Begin With the End in Mind

Preparing For Your Mediation (FAQ)

Read More “Nevada Mediation Resources” »

Alternative Dispute Resolution, Mediation Mediator

The Business Owner’s Toolbox

Posted on By Jay Young No Comments on The Business Owner’s Toolbox
The Business Owner’s Toolbox

How to Start Your Business

So, You Want to Own Your Own Business in Nevada?
A Primer on Types of Business Formations In Nevada
Three Popular Nevada Business Entities and How to Structure Them
Thinking of Opening a Nevada Business?  Here Are Some Things You Should Know About Licensing
Why You Should Never Refer to Someone as Your Partner
Nevada Partnership Formation and Law
Types of Partnerships Under Nevada Law
Joint Venture versus Partnership: What is the Difference?

Read More “The Business Owner’s Toolbox” »

Business Law, Corporate Governance

Nevada Litigation Resources

Posted on By Jay Young No Comments on Nevada Litigation Resources
Nevada Litigation Resources

I am a Nevada business mediator, arbitrator, and special master with over 30 years of experience litigating thousands of disputes as a litigator, arbitrator, Judge, Judge Pro Tem, and Special Master. This Litigation Toolbox is designed to assist those involved in litigation in Nevada state or federal courts to navigate the process involved in any Nevada civil litigation, including under the Nevada Rules of Civil Procedure or the Federal Rules of Civil Procedure. My aim is for this Toolbox to be a knowledge resource center for litigants and advocates, and for those trying to understand the process better.  Please feel free to reach out to me if there are resources that should be added to this Toolbox.

Read More “Nevada Litigation Resources” »

Uncategorized

Enforcing an Arbitration Award; Motion to Confirm

Posted on By Jay Young No Comments on Enforcing an Arbitration Award; Motion to Confirm

confirm award
Motion to confirm arbitration award

Once a party has prevailed in arbitration, they may wish to enforce the award.  The prevailing party must file a motion with the appropriate court (either federal or state court depending on the circumstances). The Federal Arbitration Act (“FAA”) (9 U.S.C. § 9) or the Nevada Uniform Arbitration Act (NRS 38.239) will determine the appropriate court where the motion to confirm should be filed.

The court must confirm an award unless it finds grounds to vacate, modify, or correct it.   9 U.S.C. § 9;  NRS 38.244.

Read More “Enforcing an Arbitration Award; Motion to Confirm” »

Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Nevada’s Uniform Arbitration Act of 2000

Posted on By Jay Young No Comments on Nevada’s Uniform Arbitration Act of 2000

Nevada Revised Statutes: CHAPTER 38 – MEDIATION AND ARBITRATION

CHAPTER 38 – MEDIATION AND ARBITRATION

UNIFORM ARBITRATION ACT OF 2000

NRS 38.206             Short title.
NRS 38.207             Definitions.
NRS 38.208             “Arbitral organization” defined.
NRS 38.209             “Arbitrator” defined.
NRS 38.211             “Court” defined.
NRS 38.212             “Knowledge” defined.
NRS 38.213             “Record” defined.
NRS 38.214             Notice.
NRS 38.216             Applicability.
NRS 38.217             Waiver of requirements or variance of effects of requirements; exceptions.

Read More “Nevada’s Uniform Arbitration Act of 2000” »

Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation, Mediation Mediator

Model Motion to Compel Arbitration

Posted on By Jay Young No Comments on Model Motion to Compel Arbitration

Compel Arbitration
Sample Form Motion to Compel Arbitration

Sample Form Motion to Compel Arbitration

POINTS AND AUTHORITIES

This motion seeks an order from this honorable Court compelling arbitration of all matters between ____________________.  The Parties entered into a written agreement on _____________ requiring arbitration of their disputes.  _________ asks the Court to compel compliance  with that agreement pursuant to the Federal Arbitration Act, as well as Nevada’s Uniform Arbitration Act.

 

 

I.     Introduction and Factual Background

[INSERT]

II.     Argument

     A.     Standard For Motion To Compel Arbitration

1.     The Standard Under the Federal Arbitration Act

Read More “Model Motion to Compel Arbitration” »

Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Moving to Compel Arbitration in Federal Court

Posted on By Jay Young No Comments on Moving to Compel Arbitration in Federal Court

Compel Arbitration
Motion to Compel Arbitration

This Article is designed to provide a litigant with the basis in law to file a motion to compel arbitration in Federal Court where a party to an arbitration agreement has refused to honor the agreement to arbitrate or has filed a lawsuit in court instead of initiating arbitration.

The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), governs the enforcement of arbitration agreements.  9 U.S.C. §§ 1-2; Prima Paint Corp. v. Flood & Conklin Mfg. Co., 398 U.S. 395, 402 (1967).  The FAA established a national public policy favoring arbitration.  AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 1745 (2011)).  An arbitration agreement is enforceable under the FAA if it is in writing, relates to a commercial or maritime transaction, and manifests an agreement between the parties to arbitrate a dispute. 9 U.S.C § 1.  Contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce” are not covered by the FAA.  Id.

Read More “Moving to Compel Arbitration in Federal Court” »

Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Nevada Causes of Action

Posted on By Jay Young No Comments on Nevada Causes of Action

NEVADA CAUSES OF ACTION, ELEMENTS OF CLAIMS, REMEDIES, THEORIES OF LIABILITY, AND DEFENSES

Nevada Causes of Action book by Jay Young – Guide to Drafting and Answering a Complaint. This Litigator’s Guide contains the elements of over 175 causes of action, together with remedies and defenses. Get your copy today at Amazon.

I am a Nevada arbitrator, and mediator with experience litigating thousands of disputes as an advocate, arbitrator, Judge Pro Tem, and Special Master.  I hope these Nevada Causes of Action, containing the elements of each claim, are helpful to you.

These posts do not constitute legal counsel.  This site does not guarantee or warrant that the information contained on its pages is accurate or current, and affirmatively states that it is not intended to provide you with legal advice regarding your circumstances. You should consult an attorney before relying on any information contained herein.  These posts represent what I call “quick and dirty” resources on claims, remedies, and defenses.  They should be the beginning, not the completion of your research and understanding on any of these topics.  Plus, the law is always evolving, so make sure that the cases and statutes referenced are current law.  Best wishes to you.

A

Abuse of Process
Abuse/Exploitation of Elderly
Accord and Satisfaction
Account Stated
Accounting, a Remedy
Agent, Negligence of
Aiding and Abetting
Aiding and Abetting Another’s Breach of a Fiduciary Duty
Alter Ego; Piercing the Corporate Veil
Anticipatory Repudiation
Appointment Of A Receiver
Appropriation of the Name or Likeness of Another; Invasion of Privacy
Assault
Attorney Fees, Pleading as Special Damages

Read More “Nevada Causes of Action” »

Litigation, Uncategorized

Nevada Arbitration Resources

Posted on By Jay Young No Comments on Nevada Arbitration Resources
Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Las Vegas Nevada

I am a Nevada arbitrator, mediator, and  special master with experience arbitrating hundreds of disputes and is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year. This Arbitration Toolbox is designed to assist those involved in arbitration in Nevada or federally to navigate the process. My aim is for this Toolbox to be a knowledge resource center for litigants and advocates who have a matter in arbitration, or for those trying to understand the arbitration process better.  Please feel free to reach out to me if there are resources that should be added to this Toolbox.

Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master

What is Alternative Dispute Resolution (ADR)?
Nevada Supreme Court Defines Arbitration
Nevada Law Defines “Arbitrator”
Is My Arbitration Confidential?
What Are Your Alternative Dispute Resolution Options in Las Vegas, Nevada?

Read More “Nevada Arbitration Resources” »

Alternative Dispute Resolution, Arbitration Arbitrator, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

In Search of the Efficient Arbitration

Posted on By Jay Young No Comments on In Search of the Efficient Arbitration

A frequent complaint about arbitration is that it is not as cost-effective as the parties hoped it would be.  In fact, 69% of corporate counsel, outside counsel, arbitrators, and company executives surveyed believe arbitration fails at least half of the time to meet its goal of providing speed, efficiency, and economy.[1]  What makes arbitration costly?  Many things, but this article will focus on discovery, motion practice, and multiple-arbitrator panels.

Read More “In Search of the Efficient Arbitration” »

Alternative Dispute Resolution, Arbitration Arbitrator, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation, Mediation Mediator