Violation of Mediation Confidentiality: No Harm-No Foul

by Stanley Leasure on May 22, 2013

The Montana Supreme Court recently held in Kluver v. PPL Montana that reversal is not required even when evidence protected by the confidentiality provisions of the Montana Mediation Statute is admitted at trial if the court would have reached the same conclusion without that evidence.[1] According to the court, the admission of such evidence constituted […]

Top Negotiation Story of 2012: The Fiscal Cliff

by Stanley Leasure on December 21, 2012

The Program on Negotiation at Harvard Law School  has come up with a list of its Top 10 Negotiation Stories of 2012. Number one on their list is the fiscal cliff negotiation playing out in the nation’s capital. Here is part of what the Program on Negotiation (PON) had to say about the fiscal cliff negotiations: […]

“Baseball Arbitration”

by Stanley Leasure on December 18, 2012

“Baseball arbitration,”a form of arbitration which got its name from the national pass time, is gaining traction in the non-sports world. What exactly is baseball arbitration and what are its advantages? Baseball arbitration, like all arbitration, is a creature of agreement.  An agreement to engage in baseball arbitration usually is entered into at the time of contracting in […]

Supreme Court Accepts Another Class Action Arbitration Case

by Stanley Leasure on December 11, 2012

Late last week the United States Supreme Court granted certiorari to another arbitration case. The case is Oxford Health Plans LLC v. Sutter. Its resolution will settle a circuit split between the Second and Third Circuits on the one hand and the Fifth Circuit on the other. The question is whether an arbitrator is within his […]

Supreme Court: Temporary Flooding Constitutes Taking

by Stanley Leasure on December 5, 2012

  Recently the United States Supreme Court in Arkansas Game and Fish Commission v. United States, determined that temporary flooding can constitute a taking under the Takings Clause of Fifth Amendment. [1] The facts of the case are straightforward. The Arkansas Game and Fish commission owns 23,000 acres adjacent to the Black River which it operates as wildlife […]

Guide to Dispute Resolution Processes

by Stanley Leasure on December 5, 2012

The American Bar Association Section of Dispute Resolution has a  Guide to Dispute Resolution Processes I highly recommend this as a valuable resource for the public. The Section of Dispute Resolution  says its purpose in publishing the Guide is “to educate members of the public about dispute resolution processes commonly used to resolve legal, community, […]

Kelo’s Legacy: Columbia, Missouri Votes on Eminent Domain for Economic Development

December 5, 2012

Another example of the legacy of the Kelo case has arisen in Columbia, Missouri. On April 2 the voters there will decide: whether to prohibit the City from: (1) using eminent domain to acquire property for economic development” if the City intends that the property will end up in private hands for private purposes, and […]

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Arbitrator’s Authority and the Oklahoma Supreme Court

November 26, 2012

Today the United States Supreme Court, in a  per curiam opinion, reversed the Oklahoma Supreme Court.[1] The case involved the Federal Arbitration Act (FAA) and the issue of who is vested with the authority to decide contract validity issues—the arbitrator or the court. The Court reiterated its prior holdings that if parties agree to arbitrate […]

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Mediators in Eminent Domain/Condemnation Cases: All the Same?

September 16, 2012

Mediator selection in any dispute is important, but never more so than in eminent domain cases. Parties in these specialized cases will almost always find it advantageous to employ a  mediator with the following qualifications: (1) significant mediation experience (process skills); and (2) significant eminent domain experience (subject matter skills). Condemnation cases are unique, involving unique terminology, […]

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ACA Decision

June 28, 2012

Link to the Court’s opinion in the Affordable Cara Act case.

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