Dispute Resolution News
Official Publication of the Atlanta Bar Association Dispute Resolution Section
In This Issue
Upcoming Events
International Arbitration, Derailed Cases and Workplace Disputes CLE
Conflict Management for Managers
Mediation News
Arbitration News
The Dispute Resolution News is Looking for Articles of Interest
Section Sponsors
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February 2013
Newsletter Editor: 
John F. Allgood


Dispute Resolution Section Board of Directors


Chair: Emory Speer Mabry III
Vice Chair/Chair-Elect: Herbert H. (Hal) Gray III
Secretary/Treasurer: Rex D. Smith
Immediate Past Chair: Robert N. Dokson

John F. Allgood
William B. Barrickman
William Beringer
Cicely Breckenridge
Hala Carey
Terrence Lee Croft
William S. Goodman
Daniel Ellis Gulden
Halsey G. Knapp Jr.
Tanya Tate 

Upcoming Events
Mark your calendars for
these upcoming Section Events


Section Breakfast Meetings are held at the Buckhead Club (3344 Peachtree Road NE, Suite 2600) from 7:30 am to 9:00 am.  Please check your emails and the Atlanta Bar Association website for updates and registration information.
March 6, 2013 Breakfast
March 27, 2013 Joint Section Breakfast
May 1, 2013 Breakfast
International Arbitration, Derailed Cases and Workplace Disputes
Tuesday, February 26, 2013 - 8:30 am to 12:45 pm

A Morning of CLE with the Atlanta Bar Association Hosted at JAMS Atlanta
Attend all three sessions or your choice of individual sessions with this convenient hour-by-hour format.

Total of 3 CLE/2 Trial Practice/3 Professionalism

Topics include:
- Contemporary Issues in International Arbitration
- Recommended Approaches for Getting Derailed Cases
  Back on Track
- Resolving Workplace Disputes: Why Mediation Works

Register online and view more information

Conflict Management for Managers By Dr. Susan Raines, Kennesaw State University

Attorneys spend many hours each week working in high-conflict environments. Destructive conflicts with office staff, fellow attorneys, clients and others can take a heavy toll in the form of stress-related health problems and lower career satisfaction.  The reality is that all attorneys are conflict managers.  Modern attorney-managers must have skills and knowledge to build and lead teams, listen and communicate effectively, create systems to reward positive behaviors in their employees and find alternatives to lengthy and costly dispute litigation.
In order to enhance the ability of managers and organizations to prevent and address conflict, Dr. Susan S. Raines of Kennesaw State University has recently published a book, Conflict Management for Managers, that covers basic skills for prevention and resolution of conflict.  Each chapter contains examples of goal setting and exercises. 

Conflict Management for Managers: Resolving Workplace, Client & Policy Disputes, John Wiley & Sons.  Contact sraines@kennesaw.edu.

Mediation News
newsProgress in Savannah Harbor Deepening Mediation

The Georgia Ports Authority, the U.S. Army Corps of Engineers, the Savannah River Maritime Commission and the Southeastern Environmental Law Center have issued a statement that progress has been made in this mediation.  Based on court directives no specific information was released.  The South Carolina Supreme Court has ruled that a state permit for the project was improperly used for the project and has ordered the parties to federal arbitration on the question of deepening the channel.  In the meantime the parties have been participating in mediation sessions.

FINRA initiates pilot program on Mediation for Small Claims

The Financial Industry Regulatory Authority, Inc. has announced a cost free mediation pilot program for arbitration claims of less than $25,000 and a reduced cost of $50 per hour for arbitration claims between $25,000 and $50,000 that are submitted to mediation.  The program that is discussed on the FINRA web site permits parties with small claims to pay no fees or small fees depending on the amount at issue.  There is also a form for the Small Claims Mediation Submission Agreement on the web sites, or parties may contact the Mediation Department at FINRA.
Arbitration News
arm wrestleFifth Circuit hears arguments on NLRB Class Action Ban


On February 5, 2013 attorneys representing the NLRB and D. R. Horton Inc. presented appellate arguments on whether employees have a substantive right under federal labor law to bring class action proceedings which may not be waived in an arbitration agreement. The Board issued an order that the Company had violated the National Labor Relations Act and committed an Unfair Labor Practice by instituting a mandatory arbitration agreement that included a waiver of employee rights to bring collective or class action challenges in arbitration.


The NLRB recently held that the National Labor Relations Act invests employees with a right to bring concerted actions under Section 7 of the Act as part of the right of employees to band together for mutual aid and protection. The Board further held that waiver provisions in an arbitration agreement of class action arbitration constituted an Unfair Labor Practice. The company responded by point to the legislative history and the language in the statute and that there is no express congressional mandate that prevents arbitration of statutory rights and the fact that 26 other courts have rejected the NLRB's position. The Eighth circuit for example recently stated the NLRB has no experience in interpreting the FAA.  

View the entire article


The Dispute Resolution News is Looking for Articles of Interest
typewriter newsThe Dispute Resolution News is looking for articles of interest to the Section. 

If you would like to submit an article for publication, please email newsletter editor, John Allgood.

Thank you to our Section Sponsors

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