Month: July 2018

Readiness Checklist for Mediation: Eight Things You Should Discuss With Your Client Before Mediation

July 25, 2018February 12, 2025 Jay Young

Readiness Checklist for Mediation:

Eight Things You Should Discuss With Your Client Before Mediation

The Mediation Process

What is mediation and how is it different from court or arbitration?
Why should the client consider mediation?
What is the mediator’s role?
What is the client’s role in mediation?
Who may attend the mediation?
Confidentiality in mediation
Discuss joint and separate sessions (also called caucuses)
Discuss whether an apology to or from a party might be appropriate
Discuss whether the client will speak directly with the mediator and/or the other party
Discuss whether an opening presentation at mediation is desirable or appropriate
Are there desirable non-monetary solutions, such as future business or payment in-kind?

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

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Cases Interpreting NRS 38.241 Vacatur of Arbitrator Award—A Digest

July 24, 2018 Jay Young

A Digest

In General

Mere error in the application of the law is not grounds to vacate an arbitration award. Bohlmann v. Byron John Printz and Ash, Inc., 96 P.3d 1155, 120 Nev. 543 (2004).

An arbitrator manifestly disregards the law, so as to require vacation of arbitration award, when he or she recognizes that the law absolutely requires a given result and nonetheless refuses to apply the law correctly. Bohlmann v. Byron John Printz and Ash, Inc., 96 P.3d 1155, 120 Nev. 543 (2004).

Arbitrator’s manifest disregard of the law, so as to require vacation of arbitration award, is something beyond and different from a misinterpretation or error in applying the law. Bohlmann v. Byron John Printz and Ash, Inc., 96 P.3d 1155, 120 Nev. 543 (2004).

Jay Young

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Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Can an Arbitrator be Removed During the Pendency of an Arbitration?

July 17, 2018January 9, 2024 Jay Young

What do you do if you feel that the arbitrator appointed to hear your dispute isn’t providing a fair and impartial atmosphere in which your matter can be heard? Can you challenge the Arbitrator before he or she makes the final decision in the matter? What cause is sufficient to have an arbitrator removed? As is the case with so many questions in the law, the answer is: it depends. For the most part, parties to an arbitration who feel there is cause to remove an arbitrator are better off if it is a proceeding under the rules of the American Arbitration Association (“AAA”) or JAMS than if it a proceeding governed under the Federal Arbitration Act (“FAA”) or the Revised Uniform Arbitration Act (“RUAA”).

Jay Young

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