Dispute Resolution News
Official Publication of the Atlanta Bar Association Dispute Resolution Section
In This Issue
Joint Section Breakfast Meeting with the Construction Law Section
Dispute Resolution Section Board Elections 2013
Mediation News
Arbitration News
The Dispute Resolution News is Looking for Articles of Interest
Section Sponsors
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March 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 

Joint Section Breakfast Meeting with the Construction Law Section
Wednesday, March 27, 2013 - 7:30 am at the Buckhead Club

"Taming the Multi-Party
Dispute in Mediation"

Steve Nelson

Executive Vice President and General Counsel of SureTec InsuranceCompany and President of SureTec Information Systems, Inc., Austin, Texas

1 CLE hour available

Register online or return the registration form
Dispute Resolution Section Board Elections 2013
The nominating committee of the Dispute Resolution Section has made the following nominations for next year's Board of Directors.

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

Members at Large (Two Year Term):
William B. Barrickman
Terrence L. Croft
William S. Goodman
Halsey G. Knapp, Jr.

Appointed by Chair (One Year Term):
Greg Y. Presmanes
David Candler Nutter
Mediation News
blue newsFINRA Telephone Mediation
FINRA has announced that it will offer parties a pro bono or reduced fee mediation that will be handled via telephone.  The participation by parties is entirely voluntary and applies to claims of $50,000.00 or less.  A web site that has been created for this process.

Mediators are being asked to serve on a pro bono basis for cases that have a value of less than $25,000.00.  Reduced fees will be available on cases in which damages requested are between $25,000 and $50,000 at $50.00 per hour.  No administrative fees will be charged by FINRA in this instance.
Nortel Mediation Ends
A mediation between retirees and other creditors of Canada-based telecom company, NORTEL Networks Corporation, and its U.S. units has failed to result in a plan to divide $9 billion in liquidation proceeds.  The Toronto-based company failed to reach a compromise with the parties according to the mediator.  The company filed for insolvency proceedings in Canada in 2009.  Bondholders of $4 billion seeking payment in full would leave retirees at a disadvantage.  Success in the mediation would have avoided a number of jurisdictional conflicts over the issue of final authority to determine an outcome in litigation.

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Arbitration News
California Court Rules that Concepcion Does Not Change California Standards in Gentry for Class Actions

The California Court of Appeals recently decided that the 2007 State Supreme Court decision laying out tests for enforceability of class action waivers in arbitration in overtime claims was not overturned by the Supreme Court's decision in AT&T Mobility LLC v. Concepcion.  Continuing the California courts' posture as poster child for judicial hostility to arbitration, the court in Franco v. Arakelian Enters Inc., No. B232583 (Cal Ct. App. 11/26/12) held that the factors previously established had to be applied on a case-by-case basis to determine if the class action waiver was impermissible because it bars employees from "vindicating" their statutory rights under California wage and hour laws. Courts under this line of thinking are the only forum for deciding these vindication issues. Despite the fact that California courts' attitudes toward arbitration have been overturned by the U.S. Supreme Court under the standards of 2 of the Federal Arbitration Act state and Eleventh Circuit challenges to the arbitration policy under the FFA continue to occur. For example, see the cases that support class action claims based on the California Private Attorneys General Act.

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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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