“Increasingly, business partners are exploring the mediation of complex business disputes before filing a lawsuit or arbitration. Sometimes this is required by a multistep, or “waterfall” clause (negotiation, mediation, litigation) in the underlying contract, be it a simple vendor contract or global, highly technical research and development agreement.”
“Businesses are increasingly mediating complex business disputes before filing a lawsuit or going to arbitration. Sometimes this is required by a contract clause, but businesses can also choose to mediate without one”
Federal District Court Enjoins CMS Ban on Pre-Dispute Arbitration Agreements in Long Term Care Resident Agreements
“On September 28, 2016, the Center for Medicaid and Medicare Services (CMS) promulgated a lengthy final rule that, among many other things, banned pre-dispute binding arbitration agreements between nursing facilities in the Medicare or Medicaid programs and nursing home residents commencing November 28, 2016 (the “Rule”). The American Health Care Association, a long term care provider industry association, along with three of its members, quickly filed suit in federal district court in Mississippi seeking to preliminarily enjoin enforcement of the Rule in October. On November 7, a federal District Court judge issued the requested preliminary injunction. Am. Health Care Ass’n v. Burwell, No. 3:16-CV-00233 (N.D. Miss. Nov. 7, 2016).”
“Handling disputes that have strayed beyond the ability of both parties to negotiate a solution by themselves presents a variety of strategic and logistical challenges. While many inhouse counsel have come to appreciate the business benefits of non-binding mediation, even at an early stage, the fact is that binding arbitration often remains suspect, especially outside of the international arena where the process makes obvious sense for reasons of cross-border neutrality and enforcement. This often occurs because of a lack of information, one-off personal experiences, or—most tellingly—failure to design and plan a good arbitration process that fully exploits the many flexible and customizable options available to parties and counsel.”
Steven Greenspan and Conna A. Weiner, Reassessing Commercial Arbitration: Making it Work for Your Company,” March 2017 ACC Docket
In January 2015, Conna Weiner was appointed the Chair of the Program Committee Board of the Cambridge Dispute Settlement Center Board. The Committee is charged with evaluating and expanding CDSC Mediation training, workshops and outreach.
Conna Weiner appointed to the Massachusetts Bar Association ADR Committee; trainer for new lawyers on arbitration
In January 2015, Conna Weiner was invited by Chair Hon. Nancy Holz (ret.) to serve on the Massachusetts Bar Association ADR Committee. In June 2015, Conna will help train new lawyers on arbitration in a program run by this committee.
In February 2015, Conna Weiner participated in a panel discussing the use of ADR in IP matters. Led by moderator David Bernstein of Debevoise & Plimpton, Conna’s fellow panelists were Harrie Samaras and Cynthia Bright of Hewlett Packard.
In April 2015, Conna Weiner participated in a panel discussion at the Annual Meeting of the ABA Section on Dispute Resolution on the use of ADR in High Tech Cases. Led by moderator Michael Diamant, Conna’s fellow panelists included Harrie Samaras, Susan Nycum and Peter Michaelson.