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Securities Arbitration: FINRA May Reconstitute Panels

By: Stephen P. Lagoy The Financial Industry Regulatory Authority (FINRA), which administers the arbitration program to which brokerage customers must bring their complaints, is considering using arbitration panels comprising all “non-industry” members.  Presently, panels must include at least one industry member among the three-person panel.  The remaining member(s) are “public” (i.e. from outside the …

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Chrysler Changes Its Tune On Terminated Dealers

By: Stephen P. Lagoy After initially indicating that terminated dealers would be reinstated through the federally-mandated arbitration procedure or not at all [see blog post: Chrysler and GM Take Different Approaches to Dealer Arbitration], Chrysler now says that it will offer to reinstate 50 of the 789 dealerships it terminated last year.  The …

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Chrysler and GM Take Different Approaches to Dealer Arbitration

By: Stephen P. Lagoy Unlike GM, which has notified more than half of its terminated dealers that they will be offered reinstatement without going to arbitration, Chrysler has announced that dealer reinstatement will occur through arbitration, or not at all.  The key difference in the approaches of the two auto manufacturers may lie in …

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Baseball Arbitration: Part III

By: Stephen P. Lagoy Baseball arbitrations (see previous blog posts here and here) have become increasingly rare as the owners and players opt to negotiate a contract rather than place their fate in the hands of an arbitration panel. The only exception thus far this year has been the case of

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GM outlines arbitration process for dealer reinstatement arbitration

By: Stephen P. Lagoy General Motors is prepared to proceed with a Congressionally-mandated program that will allow 2000 of GM’s closed dealerships to appeal the closure decision through an independent arbitration process. Dealers who want to file for reinstatement must do so through the American Arbitration Association and commence arbitration by Jan. 25. Under …

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Baseball Arbitration: Part II

By: Stephen P. Lagoy At this time of year, sports pages are filled with articles about whether or not major league baseball teams have “offered arbitration” to their free agent players. What does this mean and what are the implications of the decision? For a primer on this subject, see http://bats.blogs.nytimes.com/2009/12/01/the-arbitration-decision/. For a …

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Car Dealers To Use Mediation and Arbitration

By: Stephen P. Lagoy Congress has approved a plan that would allow 2000 terminated car dealers to pursue third party mediation and arbitration with GM and Chrysler with the possibility of being reinstated. For an analysis of this alternative dispute resolution process and its chances of being successful, see http://online.wsj.com/article/. For more information …

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Baseball Arbitration: Part I

By: Stephen P. Lagoy At this time of year, sports pages are filled with articles about whether or not major league baseball teams have “offered arbitration” to their free agent players.   What does this mean and what are the implications of the decision?  For a primer on this subject, see http://bats.blogs.nytimes.com/2009/12/01/the-arbitration-decision/

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Cookies and Compromise

By: Stephen P. Lagoy An experienced commercial mediator told me about a recent mediation in which there was a great deal of animosity among the parties, so much so that they refused to be in the same room at any point in the mediation. During the course of the mediation, my colleague served several …

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