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…
Ten Things about Litigation that Arbitration Critics Won’t Tell You by George H. Friedman* [republished from an earlier post] The recent uproar over General Mills’ decision to adopt and later retract a new policy by which consumers, by engaging in activities such as downloading a recipe, or participating in a contest, or “liking” the firm…
Ten Things about Litigation that Arbitration Critics Won’t Tell You by George H. Friedman* The recent uproar over General Mills’ decision to adopt and later retract a new policy by which consumers, by engaging in activities such as downloading a recipe, or participating in a contest, or “liking” the firm on Facebook, would unwittingly be…
What do A-Rod, the NLRB, and General Mills have in Common? The title of this post is not a riddle. On Jeopardy! it would be the correct response to “They evidently read George Friedman’s blog at Arbitration Resolution Services.” Three times in recent months, I have blogged about the above cast of characters, and urged…
Enough is Enough: Time to Eliminate the “Hidden Arbitration Clause Trick” “A day of reckoning is coming on predispute arbitration agreements in consumer arbitration. A dichotomy is developing between arms-length pre-dispute arbitration agreements and those imposed in an adhesion contract with consumers (and perhaps employees). This will be addressed in the next several years by…
A George Bailey “Hat Trick” – Et Tu, 9th Circuit? Several months ago in this blog I described a “hat trick,” which is a hockey term for when a player scores three (or more) goals in one game. For those who have somehow eluded ever seeing the holiday classic “It’s a wonderful Life,” the other…
Late last month in this blog, I wrote that the National Labor Relations Board (“NLRB”) was “cruisin’ for a bruisin’” on its arbitration policy. To review, and borrowing heavily from my own work, the NLRB had ruled previously in the D.R. Horton matter that a predispute arbitration agreement (“PDAA”) containing a class action waiver violated…