In a significant decision impacting arbitration procedures under federal law, the U.S. Supreme Court recently clarified the obligations of federal courts when a party seeks to enforce an arbitration agreement. In Smith v. Spizzirri, 601 U.S. 472 (2024), the Court addressed a key procedural question under Section 3 of the Federal Arbitration Act (FAA): whether courts have the discretion to dismiss a case once arbitration has been ordered. The Court’s unanimous ruling provides clarity on a circuit split and reaffirms the statute’s plain language and legislative purpose.

Litigation lacks the flexibility and options that a careful, creative, and well-structured dispute resolution process can supply. Read John Hanify’s 10 suggestions for making dispute resolution work.

Comparing types of conflict resolution: U.S. vs. Chinese mediation

History of mediation in the U.S.