The IRS and America’s Longest Running ADR Program
Although alternative dispute resolution (ADR) may feel like a new trend, it is far from a recent phenomenon. Over the last 100 years, federal government ADR has come in and out of fashion several times.
Read about best practices for patent disputes.
Nonjudicial Appeals of Arbitral Awards
Expedited proceedings, specialized adjudicators, flexible procedural rules, truncated discovery procedures, and finality are the hallmarks of arbitration. In contrast to litigation, parties in arbitration have the opportunity to choose their arbitrators, the procedural rules for the proceedings, the forum, and the substantive laws that will apply.
Read about best practice tips in alternative dispute resolution from various authors.
Using ADR in Superfund Cases
During the last decades of the 20th century, it became apparent that there were hundreds of locations in the United States where hazardous, toxic wastes had been dumped and left to contaminate the soil, water, and air for years on end. In response to the public health and safety threats posed by such hazardous waste sites, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), which provided a set of legal rules by which parties could be made liable for the cleanup of those sites, and which established a fund (the Superfund) to pay for cleanup costs not covered by the parties held responsible for the pollution. Since its enactment, CERCLA has helped effect the cleanup of dozens of sites and the remediation of the environmental problems caused by hazardous waste pollution.
A View from the Bench by the National Association of Immigration Judges
On May 12, 2016, Judge Denise Noonan Slavin presented “View from the Bench” at the 19th annual FBA Immigration Law Conference. She spoke in her capacity as executive vice president of the National Association for Immigration Judges (NAIJ). Along with fellow NAIJ officer Judge Dorothy Harbeck, she prepared this article to memorialize the remarks given at that panel. The judges wrote this article in their NAIJ capacities and not as employees of the USDOJ-EOIR.