Category: Arbitration Arbitrator

HOWARD & HOWARD CONGRATULATES ITS ATTORNEYS NAMED TO BEST LAWYERS 2019 

Posted on By Jay Young

Royal Oak, Michigan, August 28, 2018: Howard & Howard Attorneys PLLC is pleased to announce that twenty-nine of our attorneys were selected by their peers for inclusion in The Best Lawyers in America® 2019. Since it was first published in 1983, Best Lawyers®has become universally regarded as the definitive guide to legal excellence. Best Lawyers® lists are compiled based on an exhaustive peer-review evaluation. 83,000 industry leading attorneys are eligible to vote (from around the world), and almost 10 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world were received. For the 2019 Edition of The Best Lawyers in America®, 7.8 million votes were analyzed, which resulted in almost 60,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers® is considered a singular honor. Corporate Counsel magazine has called Best Lawyers® “the most respected referral list of attorneys in practice.”

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Alternative Dispute Resolution, Arbitration Arbitrator

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

Posted on By 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?

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

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

Posted on By 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”).

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Alternative Dispute Resolution, Arbitration Arbitrator, Business Law, Employment Law, Franchise Law, J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Model Alternative Dispute Resolution (Arbitration and Mediation) Clauses

Posted on By Jay Young

Standard Alternative Dispute Resolution (Arbitration and Mediation) Clauses

I often hear litigators and clients complaining that the process of arbitration is flawed and does not deliver on its aspirations to provide a cheaper, quicker alternative to litigation in court.  My response is that they are not really upset with the process of arbitration or mediation, but with the person who drafted the Alternative Dispute Resolution clause in their contract.  The Arbitrator must administer the arbitration proceed pursuant to how the parties wrote the agreement.  Therefore, as I wrote in this post, if you want a better process, write a better contract.  I have endeavored to provide both my preferred standard ADR clause (with explanations), but also some alternative model arbitration, mediation, and ADR clauses from other trusted sources.  The drafter should determine the process which will best benefit each client and draft the clause accordingly.

The italicized language below explains the rationale behind clauses and why one might choose that clause over another alternative.[1]

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

Enforcing an Arbitration Award; Motion to Confirm

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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.

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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.

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

Model Motion to Compel Arbitration

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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

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

Moving to Compel Arbitration in Federal Court

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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.

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

Nevada Arbitration Resources

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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?

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

In Search of the Efficient Arbitration

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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.

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