[This was originally published in the author’s blog at the Securities Arbitration Commentator] The Securities Arbitration Commentator has reported many times on the Consumer Financial Protection Bureau‘s (“CFPB”) study of mandatory predispute arbitration agreements (“PDAAs”) in consumer financial products and services. To review, Dodd-Frank, Section 1414, bans outright PDAAs in residential mortgage contracts, and…
Online courts must not compromise fairness By Julia Hörnle, Queen Mary University of London Can the serious atmosphere of court, standing in the dock facing a be-wigged judge and barristers, be carried over into the world of video-conferencing? Skype of the Bailey, if you will. This is what the Civil Justice Council’s recently…
I am a baseball fan from way back. I’m also an eternal optimist, which explains my being a Mets fan. See? That’s me holding the banner on the right, celebrating the Mets 1969 World Series victory on the field at Shea Stadium. But I digress. With pitchers and catchers reporting to spring training…
Earlier this week month I blogged on whether Justin Bieber and a photographer, who were embroiled in a law suit in Florida over an alleged assault on the photographer, should submit their dispute to non-binding arbitration [short answer: yes!]. After describing how this form of alternative dispute resolution (“ADR”) worked, I promised to cover other…
The President’s bombshell announcement that the United States would be moving toward normalizing relations with Cuba has certainly touched off a lively debate. Whether one favors the move, it does raise questions. For most people, thoughts turned to prospects of resumed trade, restored tourism, long-separated relatives reuniting, and of course cigars.1 Not me. I immediately…
TECHNOLOGY, ALTERNATIVE DISPUTE RESOLUTION, AND THE INSURANCE INDUSTRY: THE FUTURE HAS ARRIVED (REALLY THIS TIME) By George H. Friedman* Abstract Over twenty years ago, the author of this paper evaluated emerging technologies and predicted how they might impact alternative dispute resolution (“ADR”).[1] Four years later, after the emergence of the internet, he updated his predictions…
Justin Bieber, Sunoco and Arbitration: How are they Possibly Connected? by George Friedman* Earlier this week came word that Justin Bieber and a photographer, who are embroiled in a law suit in Florida over an alleged assault on the photographer, are now arguing about whether the judge should direct the parties to submit…
Just Like Thanksgiving and Black Friday: Five Truisms about Arbitration — That Aren’t True by George Friedman* The other day, I stumbled on a television show that debunked some commonly-held misperceptions about Thanksgiving. Who knew the Pilgrims didn’t wear black and white clothes and sport buckles? This got me to thinking about an article I…
The Elections are over: What it means for Consumer Arbitration Five things to look for in 2015 By George H. Friedman* Back when I was Director of Arbitration at FINRA, we used to have a “Crystal Ball Contest” where the staff would weigh in on predictions for the coming year. I usually did pretty…
The Camel and the Last Straw or the Frog and the Boiling Water: Pick Your Parable By George H. Friedman* The current issue of the Securities Arbitration Commentator has as its lead story an article I wrote with the title above. For those who don’t subscribe, here is the Reader’s Digest version. Or maybe the…