Pennsylvania readers may remember the story of Sandra Bland, the woman who died last year in a Texas county jail cell after being arrested for a minor traffic violation. The death was classified a suicide, but critics said law enforcement handled the situation improperly by failing to put Bland on suicide watch, failing to check on her, and not taking other precautions to prevent death by suicide.
Last time, we briefly addressed the enforceability of arbitration awards. To recap: arbitration awards are legally binding and enforceable once they are confirmed by the court, but they may be modified, corrected or vacated after confirmation, depending on the circumstances of the case. Those who have been involved in an arbitration proceeding and who feel the outcome was not proper, for one reason or another, should work with an experienced attorney to have the matter properly addressed.
In our last post, we took a look at the issue of confidentiality in mediation and arbitration. As we noted, confidentiality is a central aspect of mediation, whereas it is generally not a characteristic of arbitration, though it may be in some circumstances. In addition to confidentiality, there is also the issue of enforceability, which is different in both mediation and arbitration.
We’ve been looking in recent posts at some of differences between arbitration and mediation. Here, we wanted to look at the issues of confidentiality and enforcement in both arbitration and mediation. First of all, confidentiality is an important aspect of mediation.
In our last post, we began looking at some of the differences between mediation and arbitration, two important forms of alternative dispute resolution. As we pointed out last time, arbitration is similar to a court trial, while mediation doesn’t typically seek to imitate the litigation process. Though the form medication takes depends on the style used, the aim of mediation is not to hand down decisions as a judge would.
Alternative dispute resolution is a general term referring to methods of resolving legal disputes outside the adversarial process. Two important forms of alternative dispute resolution are arbitration and mediation. In this and our next post, we’ll take a brief look at the differences between these two approaches to resolving disputes.
Texas mass media company iHeartMedia is currently involved in a dispute that it is attempting to solve through mediation. Lenders are saying the company is in default on billions of dollars of debt after transferring an alleged $1.241 billion in shares from a company subsidiary to an unrestricted subsidiary.
Verizon workers in Pennsylvania were among a group of nearly 40,000 workers nationwide who went on strike last week amid failed negotiations to renew a new contract. The strike may be among the largest of its kind, and yet Verizon reportedly prepared well to handle it. Sources say the company trained managers and contractors to take over the work left undone by striking employees, giving it the ability to hold to a harder line in negotiations.
Arbitration, as we mentioned last time, can be an effective way for parties to resolve a dispute, but it is critical that the arbitrator handling the dispute is knowledgeable about the process and is experienced in handling disputes via arbitration. Because arbitration is a contractual agreement, parties are bound in the selection of an arbitrator based on the terms of the agreement.
Arbitration agreements are a common feature in many business contracts. One area where arbitration agreements have become common is with agreements used by nursing homes when admitting residents. These agreements typically require an individual seeking admission for nursing home care to waive his or her right to sue the facility in court if any harm comes to the resident as a result of negligent care.