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| June Arbitration News
From Thomas Valenti, P.C. at Valenti Law |
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What is Mediation?
Mediation is a process in which a neutral and impartial third party (the mediator) facilitates communication between negotiating parties which may enable them to reach an agreement. Mediation is an efficient and cost effective method for the resolution of both simple and complex cases.
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Mr. Valenti, a Founding Member of Mediators Beyond Borders, has joined the Hurricane Katrina Project
 MBB is deeply committed to building conflict resolution capacity not only overseas, but in the US as well. In response to Hurricane Katrina, MBB has formed a project to work in the Gulf area. It will partner with the Mississippi Mediation Project founded by Laurel Kaufer of Los Angeles, CA and the Family Mediation Council of Louisiana, based in New Orleans and directed by Susan C. Norwood. MBB believes that the true purpose of mediation is not merely to settle or resolve conflicts, but prevent them by building the capacity of people and communities to transform their suffering into learning, development, and change. Through the work of Laurel Kaufer and Susan Norwood, the Mississippi Mediation Project, and Family Mediation Council of Louisiana are doing precisely that, and deserve your full support. They are turning hopes and dreams into action.
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Illinois Federal Court Applies Seventh Circuit Rule and Finds Parties Contemplated Court Confirmation of Arbitration Award
Applying the Seventh Circuit standard, a federal district court in Illinois has found court jurisdiction to confirm an arbitration award where the parties "contemplated" such jurisdiction in their agreement.
 In Nilssen v. Magnetek, Inc., No. 05 C 2933, 2008 WL 1774984 (N.D. Ill. Apr. 16, 2008), Nilssen filed a patent infringement action against Magnetek. The action was dismissed pursuant to a settlement agreement in which the parties agreed to arbitrate their dispute. The arbitrator issued an award in favor of Nilssen. Nilssen moved to confirm the award. Magnetek moved to vacate the award, maintaining that the Court lacked jurisdiction to confirm the award, newly discovered evidence showed the award was obtained by fraud, and the arbitrator exhibited partiality during the proceedings.
Magnetek argued that the Court lacked jurisdiction to confirm the award because the settlement agreement did not expressly provide for award confirmation. However, the Court pointed to clear Seventh Circuit precedent that found confirmation jurisdiction "if it can be inferred from the agreement in question that the parties contemplated court confirmation." See Milwaukee Typographical Union No. 23 v. Newspapers, Inc., 639 F.2d 386, 390 (7th Cir. 1981).
Contemplation of confirmation could be inferred, according to the Court, from a reference in the submission agreement that "a judgment can be entered on the award," and from the parties' adoption of arbitration rules that contemplate court confirmation.
The Court also found no basis for vacating the award based on fraud or partiality. The Court held that Magnetek's "newly discovered evidence" allegedly showing fraud could have been discovered with ease at the time of the arbitration proceedings and should not be considered after the award was issued. Magnetek's allegation of partiality was wholly based on conclusory statements and was, in the Court's opinion, an impermissible attempt to "subvert the arbitration process" and "escape the effect of the arbitrator's decision." |
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| From Our Blog...
Williams v. Jo-Carroll Energy, Inc.
2nd Dist. Williams v. Jo-Carroll Energy, Inc., No. 2-07-0802 (May 19, 2008) Jo Daviess County (McLAREN) Affirmed and remanded Court has jurisdiction to appeal or order staying plaintiff's complaint for damages to dairy cattle, allegedly resulting from exposure to power line, pending arbitration based on SCR 307 as an appeal from an injunction.
Click here to read the rest. . . |
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The Truth is Out: New Research Shows Arbitration is Preferred over Litigation
"All the facts are finally out. Research reinforces that arbitration is strongly preferred by consumers over litigation, and that outcomes in arbitration are virtually the same as in court,""said Roger Haydock, managing director of the National Arbitration Forum.
 A new white paper Report, Arbitration - A Good Deal for Consumers: A Response to Public Citizen (Professor Peter B. Rutledge, April 2008), presents compelling empirical evidence that debunks the sensational claims published by Public Citizen in September 2007. The Report concludes, "There is only one little problem with the Public Citizen Report - it is wrong, both on the facts and in its ultimate conclusions." The Report also explains how arbitration benefits everyone - consumers, businesses, taxpayers, and our justice system.
Read the rest of the story here.
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Check Out Our Blog!
Visit our blog by clicking here - you'll find arbitration and mediation articles, as well as some of the humorous side of law.
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