Category: Alternative Dispute Resolution

What to Expect at Your Mediation. Answers to Frequently Asked Questions

Posted on By Jay Young No Comments on What to Expect at Your Mediation. Answers to Frequently Asked Questions

Abraham Lincoln said: “Discourage Litigation.  Persuade your neighbors to compromise whenever you can.  Point out to them how the nominal winner is often the real loser—in fees, and expenses, and waste of time.”   So, your attorney has asked if you will agree to mediate your legal dispute.  Do you understand what that means?  This article…

Read More “What to Expect at Your Mediation. Answers to Frequently Asked Questions” »

Alternative Dispute Resolution, J, Mediation Mediator

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

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 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

The American Arbitration Association Changes its Three-Arbitrator Panel Rules. Will the Change Reduce Runaway Costs?

Posted on By Jay Young No Comments on The American Arbitration Association Changes its Three-Arbitrator Panel Rules. Will the Change Reduce Runaway Costs?

For large, complex arbitration, some parties negotiate for and require three arbitrators to hear their dispute.  The problem with this approach, according to the American Arbitration Association (the “AAA”), is that three-arbitrator panels cost the parties on average 5 times as much as a single arbitrator case.  The AAA suggests there may be a more cost efficient…

Read More “The American Arbitration Association Changes its Three-Arbitrator Panel Rules. Will the Change Reduce Runaway Costs?” »

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

The Lesson Transactional Attorneys Can Learn From Mohamed v. Uber: How to Draft a Better Arbitration Clause

Posted on By Jay Young No Comments on The Lesson Transactional Attorneys Can Learn From Mohamed v. Uber: How to Draft a Better Arbitration Clause

An opinion recently issued by the 9th Circuit illustrates the power of a well-crafted arbitration agreement to control one’s litigation needs.  The case is Mohamed v. Uber Technologies, Inc.  It stands for the propositions that: 1) an arbitration agreement may delegate the question of arbitrability to an arbitrator despite federal policy that courts should decide arbitrability; and 2) an arbitration agreement containing a clear-opt out provision is neither adhesive nor unconscionable.

This decision should encourage us to write better arbitration clauses so that we can better control the litigation environment. 

Read More “The Lesson Transactional Attorneys Can Learn From Mohamed v. Uber: How to Draft a Better Arbitration Clause” »

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