Category: Arbitration Arbitrator

NEVADA SHORT TRIAL RULES

Posted on By Jay Young No Comments on NEVADA SHORT TRIAL RULES

I.  SCOPE OF RULES

      Rule 1.  The short trial program.

      (a)  Purpose.  The purpose of the short trial program is to expedite civil trials through procedures designed to control the length of the trial, including, without limitation, restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence.

      (b)  Availability of program.  The short trial program is mandatory in judicial districts subject to the mandatory arbitration program. In all other judicial districts, establishment of a short trial program is voluntary and the judicial district may adopt local rules implementing all or part of the short trial program.

Read More “NEVADA SHORT TRIAL RULES” »

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

Nevada Rules of Civil Procedure; Rule 51

Posted on By Jay Young No Comments on Nevada Rules of Civil Procedure; Rule 51

Nevada Rules of Civil Procedure Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error (a)      Requests. (1)    Before or at the Close of the Evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written…

Read More “Nevada Rules of Civil Procedure; Rule 51” »

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

NRS 38.259  Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury.

Posted on By Jay Young No Comments on NRS 38.259  Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury.

NRS 38.259  Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury.       1.  If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, the arbitrator or panel of arbitrators shall, in addition to any other written findings of fact or conclusions…

Read More “NRS 38.259  Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury.” »

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

My Contract Requires AAA or JAMS Arbitration. Can I opt out?

Posted on By Jay Young No Comments on My Contract Requires AAA or JAMS Arbitration. Can I opt out?

Yes.  Arbitration is a creature of contract.  If your contract requires arbitration, it is most likely enforceable.  However, where both parties recognize that the arbitration clause needs altering, they may do so by entering into an amendment before an arbitrator is appointed.  Once an arbitrator is appointed, the arbitrator must abide by the limitations on their powers contained in the contract.

Read More “My Contract Requires AAA or JAMS Arbitration. Can I opt out?” »

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

Arbitration of Actions in District Courts and Justice Courts in Nevada

Posted on By Jay Young No Comments on Arbitration of Actions in District Courts and Justice Courts in Nevada

ARBITRATION OF ACTIONS IN DISTRICT COURTS AND JUSTICE COURTS

NRS 38.250  Nonbinding arbitration of certain civil actions filed in district court required; nonbinding arbitration of certain civil actions filed in justice court authorized; effect of certain agreements by parties to use other alternative methods of resolving disputes.

1.  Except as otherwise provided in NRS 38.310:

(a) All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $50,000 per plaintiff, exclusive of attorney’s fees, interest and court costs, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, unless the parties have agreed or are otherwise required to submit the action to an alternative method of resolving disputes established by the Supreme Court pursuant to NRS 38.258, including, without limitation, a settlement conference, mediation or a short trial.

(b) A civil action for damages filed in justice court may be submitted to binding arbitration or to an alternative method of resolving disputes, including, without limitation, a settlement conference or mediation, if the parties agree to the submission.

2.  An agreement entered into pursuant to this section must be:

(a) Entered into at the time of the dispute and not be a part of any previous agreement between the parties;

(b) In writing; and

(c) Entered into knowingly and voluntarily.

Ê An agreement entered into pursuant to this section that does not comply with the requirements set forth in this subsection is void.

3.  As used in this section, “short trial” means a trial that is conducted, with the consent of the parties to the action, in accordance with procedures designed to limit the length of the trial, including, without limitation, restrictions on the amount of discovery requested by each party, the use of a jury composed of not more than eight persons and a specified limit on the amount of time each party may use to present the party’s case.

(Added to NRS by 1991, 1343; A 1993, 556, 1024; 1995, 1419, 2537, 2538; 1999, 852, 1379; 2003, 851; 2005, 391)

Read More “Arbitration of Actions in District Courts and Justice Courts in Nevada” »

Arbitration Arbitrator, Business Law, Litigation

An Overview of the Federal Arbitration Act

Posted on By Jay Young No Comments on An Overview of the Federal Arbitration Act

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 and 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 “An Overview of the Federal Arbitration Act” »

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

Alternative Dispute Resolution Options in Las Vegas, Nevada

Posted on By Jay Young No Comments on Alternative Dispute Resolution Options in Las Vegas, Nevada

There are many pathways to resolving legal disputes in Nevada other than litigating the matter in court.  Some of those pathways, paradoxically, begin with one of the parties filing a lawsuit in court.  Others are initiated by the parties without going to court.  This article explores the various pathways to Alternative Dispute Resolution (“ADR”), including arbitration and mediation and the rules governing them.

Read More “Alternative Dispute Resolution Options in Las Vegas, Nevada” »

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

Litigators, is it Time to Add Video Conference Mediations to Your Practice?

Posted on By Jay Young No Comments on Litigators, is it Time to Add Video Conference Mediations to Your Practice?

Last Friday I mediated a matter involving 8 parties, with two attorneys in New York, one in California, and four in Nevada.  Not even one of them came to my office.  We held the entire mediation remotely via video conference.  We held joint sessions with all participants, attorneys-only sessions, and we held caucuses in virtual…

Read More “Litigators, is it Time to Add Video Conference Mediations to Your Practice?” »

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

Is My Arbitration Confidential?

Posted on By Jay Young No Comments on Is My Arbitration Confidential?

Most questions regarding the enforceability of arbitration obligations begin with the Federal Arbitration Act, 9 U.S.C. §1 et seq. (the “FAA”), which 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 was signed into law in 1925 and governs the enforcement of arbitration agreements, but does not require that the parties or the arbitrator hold the matter in confidence.

Nevada Revised Statutes, Chapter 38 is Nevada’s version of the Uniform Arbitration Act of 2000.  While it allows an arbitrator to issue a protective order against the disclosure of confidential and trade secret information (NRS 38.233(5)), it is silent on the issue of whether the parties to an arbitration or their arbitrator must keep the fact of the arbitration or its result a secret.

Read More “Is My Arbitration Confidential?” »

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

U.S. Supreme Court Holds That Arbitrators, Not Courts, Decide Arbitrability

Posted on By Jay Young No Comments on U.S. Supreme Court Holds That Arbitrators, Not Courts, Decide Arbitrability

In a unanimous decision authored by Justice Kavanaugh, the U.S. Supreme Court held that under the Federal Arbitration Act (“FAA”), “when the parties’ contract delegates the arbitrability question to an arbitrator, a court may not override the contract even if the court thinks that the arbitrability claim is wholly groundless.”  The decision in Henry Shein, Inc. v. Archer & White Sales, Inc., issued January 8, 2019, addresses a split among the six circuit courts which have heard similar matters and vacates the decision of the Fifth Circuit which held that when a court determines that the request to have the matter arbitrated is “wholly groundless,” the court may deny a motion to allow an arbitrator to determine whether a matter is subject to arbitration.

Read More “U.S. Supreme Court Holds That Arbitrators, Not Courts, Decide Arbitrability” »

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