Publications

MEDIATION AS CATHARSIS – LEGAL AND THERAPEUTIC

Posted on Feb 01, 2016

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...

ADR AND THE INTERNET: “CLICKWRAP” AND THE ARBITRATION AGREEMENT

Posted on Nov 01, 2015

Arbitration Clauses in Consumer Mass Marketing Agreements: Clarity and Consent By: Richard Brodsky, Esq. A valid and enforceable contract is predicated on the agreement of both parties. This rule is taught in the first week of the first contracts course in the first year of law school. Yet there are too many examples of the ...

ARBITRATION CLAUSES IN CONSUMER MASS MARKETING AGREEMENTS: CLARITY AND CONSENT

Posted on Dec 01, 2014

Arbitration Clauses in Consumer Mass Marketing Agreements: Clarity and Consent By: Richard Brodsky, Esq. A valid and enforceable contract is predicated on the agreement of both parties. This rule is taught in the first week of the first contracts course in the first year of law school. Yet there are too many examples of the ...

USING MANDATORY ARBITRATION TO RESOLVE WORKPLACE DISPUTES

Posted on May 14, 2014

The ability to require compulsory arbitration in the employment setting is supported by the Federal Arbitration Act (FAA), which formalized the general principle that arbitration is a matter of contract. However, for decades, a debate raged as to whether employment contracts were excluded. Subsequent U.S. and federal court c...