Category: Arbitration Arbitrator

NEVADA SHORT TRIAL RULES

October 17, 2024 Jay Young No Comments

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.

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Nevada Rules of Civil Procedure; Rule 51

October 17, 2024 Jay Young No Comments

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…

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.

October 17, 2024October 17, 2024 Jay Young No Comments

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…

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?

February 5, 2024July 9, 2025 Jay Young No Comments

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.

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

January 9, 2024February 3, 2024 Jay Young No Comments

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

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)

Arbitration Arbitrator, Business Law, Litigation

An Overview of the Federal Arbitration Act

January 9, 2024February 13, 2025 Jay Young No Comments

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.

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

Alternative Dispute Resolution Options in Las Vegas, Nevada

January 9, 2024February 3, 2024 Jay Young No Comments

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.

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?

March 23, 2020 Jay Young No Comments

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…

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

Is My Arbitration Confidential?

August 7, 2019October 17, 2024 Jay Young No Comments

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.

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

January 16, 2019February 12, 2025 Jay Young No Comments

Jay Young, Top Nevada Arbitrator and Mediator

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.

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

Category: Arbitration Arbitrator

NEVADA SHORT TRIAL RULES

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Nevada Rules of Civil Procedure; Rule 51

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

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

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Arbitration of Actions in District Courts and Justice Courts in Nevada

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An Overview of the Federal Arbitration Act

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Alternative Dispute Resolution Options in Las Vegas, Nevada

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

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Is My Arbitration Confidential?

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

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