Edward J. Costello has served, since 1989, as a full-time neutral in the following capacities:
Arbitrator
Mediator
Private Judge (CA)
Referee (general, special, or discovery)
Independent Fact-finder
Hearing Officer
Trainer of other neutrals and ADR advocates. See above links for further information.
Excerpts from his book, Controlling Conflict: Alternative Dispute Resolution for Business, may be viewed by clicking on the Publications link above.
Thank you for visiting the site. If you don't see answers to your questions, please E-mail me at info@edcostello.com
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In Stolt-Nielsen S.A. v. AnimalFeeds Intern. Corp., 130 S.Ct. 1758 (2010), the U.S. Supreme Court held that the Federal Arbitration Act prohibited arbitrators from imposing class arbitration on the parties in the absence of an agreement between the parties authorizing the arbitrator(s) to do so.
In the more recent decision, Rent-A-Center, West, Inc. v. Jackson, 130 S.Ct. 2772 (2010), the Supreme Court decided that, where an arbitration agreement expressly delegates the decision of the arbitration agreement’s enforceability to an arbitrator, a court may not intercede unless the claim of unconscionability is directed to that particular provision of the arbitration agreement.
Users of arbitration agreements should blow the dust off their hard drive and review their forms in light of both of these cases.
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"Everyone is entitled to his own opinion, but not his own facts." --Daniel Patrick Moynihan
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