Arbitration and Mediation
Michael L. Fortney serves as an arbitrator and mediator for construction and employment disputes. Mike has extensive experience in arbitration, mediation, and all forms of ADR (alternate dispute resolution).
As a member of the ADR Federal Court Panel for the Northern District of Ohio, a member of the panel of arbitrators for the American Arbitration Association, serving as an employment and construction arbitrator, and an arbitrator for the FINRA, Mike has been an arbitrator and mediator for many employment, construction and business disputes. View Mike's arbitrator resume.
All of our attorneys have also been advocates in ADR proceedings involving construction, employment and labor disputes.
Arbitration and Mediation FAQ Pages
Arbitration and Mediation Articles
Arbitration of Employment Disputes
Arbitration is a voluntary process, requiring an agreement between the parties to the dispute. The agreement to arbitrate may be entered into at the time of the dispute, or before the dispute arises. Arbitration involves the presentation of a dispute to o...
Enforcing an agreement to arbitrate
One party to the arbitration agreement may initiate a court action over an arbitrable dispute. The other party to the arbitration agreement must then either: (1) agree to the court's authority to rule on the controversy; or (2) assert the party's right to...
Michael L. Fortney, Arbitrator and Mediator
Ar bit r a to r and mediator in employment, commercial and construction disputes Michael L. Fortney is the founding partner of Fortney & Klingshirn, an AV rated law firm concentrating in construction law, ADR and employment law. Mike has been AV rated...
Arbitrator's Remedy Must Not be Contrary to Established Law
When an arbitrator awards a remedy that is contrary to established law and contrary to the remedy provided in the agreement, the award should be vacated. Such was the recent decision of the Supreme Court of Ohio in Cedar Fair, L.P. v. Falfas , , where the...
Right to Arbitrate Can Be Waived
Two recent Ohio cases further clarify the right to arbitration in Ohio. A lien claimant wishing to preserve his rights under R.C. 1311 by filing a Complaint as required by the statute does not waive his rights to arbitration if the Complainant expressly s...
CFPB Finds That Class Action Waivers in Arbitration Provisions Hurt Consumers
The Consumer Financial Protection Bureau (CFPB) released a report in March detailing the results of its study on arbitration clauses in consumer contracts involving credit cards, bank accounts, payday loans, private student loans, prepaid debit cards, and...
Three Ohio Cases Clarify Ohio Arbitration Act
Three recent Ohio cases have further clarified when arbitration agreements apply to contractual disputes. First, arbitration agreements, even if very broad, do not control if an action could be maintained without reference to the contract containing the a...
Respondent May Not Stay Arbitration Indefinitely by Refusing to Pay Fees
If a respondent in an arbitration proceeding refuses to pay their share of the costs of arbitration the claimant typically is faced with a conundrum -- pay the respondent's costs, or delay the proceedings. However, in a recent federal case, Pre-Paid L...
Ohio Court of Appeals Upholds Arbitrator’s Authority When Arguably Construing or Applying Contract
A recent ruling by the Ninth District Court of Appeals ruled that a trial court cannot vacate an arbitration award because the court disagrees with the arbitrator’s application of law or other merits of the arbitrator’s decision. The City of L...
