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Matthew Rosenbaum

The Wisdom Of Choosing A Retired Jurist For ADR

(11/20/20)Matthew Rosenbaum

During this year of COVID-19, courthouses have been repeatedly challenged with closures and delayed start-ups.

John Lande

Cyberweek Next Week

(10/30/20)John Lande

The 22nd annual international ADR Cyberweek will run from November 1 to November 6, 2020.

Suggestions for Virtual Jury Trials

(10/30/20)Renata Schaffer

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe.

Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe. Because criminal cases often require a twelve person-jury, the courts have begun assessing this new situation and discussing how to have a fair jury trial while abiding by CDC guidelines.

The Civil Jury Project at NYU School of Law has posted a report written by Stephanie Parker and Jennifer Weizenecker, who both attended a recent virtual mock trial that was held via Zoom and hosted by the Civil Jury Project. In the report titled “Suggestions for Remote “Zoom” Jury Selection,” the authors discuss panel size, jury selection questionnaires, technology issues, time limits, instructions for the jury, and more.  It’s an informative report describing specific issues for this new, online environment that need to be considered in order to improve virtual jury trials.

Parker and Weizenecker suggest the following areas for improvement:

Currently, there is not a remote platform designed for jury trials. It is our understanding that the Civil Jury Project at NYU Law School has contacted Zoom urging the design of an intuitive, user-friendly, litigation/trial specific platform resembling a real courtroom. Here are some additional suggestions related to the design of that platform:

  • As stated above, allow the locking in of juror position on the screen;
  • As stated above, put limitations on the chat function;
  • Ability of judge (host) to control what participants see on their screen instead of participants using individual settings, so that everyone sees the same thing on their screens;
  • Objection button for counsel to object, which would eliminate the need for counsel to verbally interrupt in front of the jury;
  • Integration of documents with the platform including: impeachment folders, exhibit folders, and verdict form;
  • Better capabilities for interaction with demonstrative aids, especially when using PowerPoint.

Although the mock Zoom jury trial and report do not specifically address criminal cases, the lessons learned can be useful for improving most virtual jury trials.

The Singapore Convention and the JAMS/SCMC Joint Mediation Panel

(10/16/20)Gary Birnberg, Ranse Howell

This article discusses new opportunities for cross-border mediation, collaboration and dialogue.

Phyllis Pollack

The Dissonance Within Us

(10/09/20)Phyllis Pollack

Some of us are in a conflict; we “…are motivated more by a desire to appear moral than to actually be moral.”

Talking It Out- The Problem With, And In Rural Areas

(9/28/20)Aavieral Malik

It is a duty, I believe, on the part of those who belong to the legal fraternity, to do the needful to disseminate the same by participating and organizing legal awareness drives, so that in the long run, the scope of alternate dispute resolution not only looks good in the black and white text, but also as being applied and implemented in its practical sense to reduce the load on our already over-loaded judiciary, and also to aid in the speedy settlement of disputes and better the access to justice.

Arthur Pressman

View from the mediator’s chair – what to do (and not do) in mediation

(9/18/20)Arthur Pressman

How to maximize your opportunity to "Win" at mediation.

Pitamber Yadav

Mandatory Course on Mediation for Law Students in India

(9/17/20)Pitamber Yadav

Is mandatory mediation training in India too late?

Simon Boehme

You Mediate on Zoom. Now What?

(9/14/20)Simon Boehme

ODR is More Than Zoom

Chinwe Egbunike-Umegbolu

The Enugu State Multi-Door Courthouse (ESMDC)

(8/07/20)Chinwe Egbunike-Umegbolu

The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.

Gabriela Szlak

If a Crime is Admitted, What Then?

(7/31/20)Rich Smukler, Gabriela Szlak

If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?

Phyllis Pollack

Some Practical Considerations When Mediating Online!

(7/28/20)Phyllis Pollack

This article discusses the practical considerations or the do’s and don’ts of conducting a mediation online.

Charlie Irvine

What Do ‘Lay’ People Know About Justice?

(7/03/20)Charlie Irvine

University teachers faced with marking hundreds of papers have been known to find some crumbs of comfort in students’ more eccentric answers.

John Lande

Kristen Blankley: New Opportunities for Pro Bono in a Pandemic

(6/26/20)John Lande

COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others.

Vittorio Indovina

Mediation in the Legal Culture of Italian Lawyers: Some Data from an Empirical Study

(6/26/20)Vittorio Indovina

In this short article, the author outlines the main findings of a qualitative research study conducted in Italy in 2018 with the purpose of understanding how mediation is enculturated in the legal culture of local attorneys, and what role, if any, the local law regulating mandatory mediation plays in this regard.

Chinwe Egbunike-Umegbolu

Behind the Legal Frustration

(6/19/20)Chinwe Egbunike-Umegbolu

This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question relating to the effectiveness of arbitration in comparison to litigation.

Vanessa Rose

Avoiding the Need for Workplace Dispute Resolution

(6/19/20)Vanessa Rose

Conflict arises in most workplaces at one point or another, but companies who take time to address the unmet needs of their employees may find that they have an easier time preventing or managing conflict overall.

Arthur Rosenbloom

Mediating Disputes Involving Financially Shaky Defendants

(6/12/20)Arthur Rosenbloom

My experience suggests that the mediator's toolbox contains techniques that can help financially shaky defendants settle.

Amy Schmitz

Contract Exclusions Count

(6/09/20)Amy Schmitz

New arbitration case denying a motion to compel arbitration of claims alleging violation of the 12-year-old Illinois Biometric Information Privacy Act

Joshua Javits

Congress Awakes!

(6/08/20)Joshua Javits

This is an opinion piece about the country's response to the pandemic: "There is no simple prescription without the hard work of identifying the precise nature of our problems and working together toward their remedy."

Mitch Cohen

What Happens If You are Getting a Military Divorce?

(6/08/20)Mitch Cohen

Most of those in the know agree that military marriages are burdened by stresses and strains beyond those of an ordinary marriage.

Amy Schmitz

New NAA Opinion on Requiring Video Hearings

(6/05/20)Amy Schmitz

What if one party in an arbitration refuses to use videoconferencing? Should arbitrators be able to order a video hearing over a party's objection?

Giovanni Matteucci

ODR Tips and Tricks

(5/22/20)Giovanni Matteucci

With the COVID-19 pandemic and everybody home, Internet becomes the highway of contact with the world. And, in mediation, mass transmigration to ODR.

Russ Bleemer

Supreme Court Declines To Hear Arbitration Case on ‘Equal Footing’

(5/04/20)Russ Bleemer

The U.S. Supreme Court this morning declined to hear an appeal in an Oklahoma arbitration case on the so-called equal-footing principle—the idea that the Federal Arbitration Act prevents courts and legislatures from targeting rulings and laws to arbitration agreements.

David Huebner

Expedited Arbitration and Party Autonomy Are Key Solutions to Resolving COVID-19-Related Supply Chain Disruptions

(4/10/20)David Huebner

The equation is immutable: disruption of supply chains + intervention by governments to manage noncommercial priorities = dramatic increase in disputes among private business entities. COVID-19 has brought much production, transport and commercial activity to a near halt.

John Lande

The Law Can Be Dangerous to Lawyers' Mental Health

(2/21/20)John Lande

I’ve said it before and I’ll say it again. The law can be a very dangerous thing.

Arran Heal

Why Mediation Should be Part of Health and Wellness

(11/15/19)Arran Heal

By the time workplace disputes have reached the attention of Employee Relations, mediation starts to look like a last chance saloon for informal resolution.

Jamie Costello

Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business

(11/15/19)Jamie Costello

As a business owner, it’s extremely important to familiarize yourself with dispute resolution and the processes you need to take depending on the severity of a case.

Ninth Circuit, Overturning an Award, Backs More Arbitrator Disclosure

(11/04/19)Daniel Bornstein

The Ninth U.S. Court of Appeals ruled this week that arbitrators are required to disclose their ownership interests in the organizations they are affiliated with and the organizations’ business dealings with the arbitration parties.

Beth Graham

Mediators in Arbitration

(10/25/19)Beth Graham

In her book chapter, Professor Nolan-Haley examines the role of mediation in today’s transnational dispute system with a special focus on the convergence of arbitration and mediation.

New California Law Prohibits Pre-Dispute Employment Arbitration Agreements

(10/18/19)Andrew Garcia

California last week enacted a new law that prohibits employers from requiring job applicants, or any existing employee, to enter into pre-dispute arbitration agreements as a condition of employment.

F. Peter Phillips

Arbitration in India

(9/17/19)F. Peter Phillips

In this research paper I will analyze and comment on India’s arbitration and jurisprudence from pre-colonization to post-colonization in 1947. In Part I, I will briefly discuss the goal and purpose of arbitration, for those who are unfamiliar with them, and I will delve into the history of India’s arbitration, including the major legislative acts and arbitration institutions.

Beth Graham

Bargaining in the (Murky) Shadow of Arbitration

(8/30/19)Beth Graham

In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.

Mark Kantor

Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”

(8/16/19)Mark Kantor

You may recall that the US Supreme Court last term in Henry Schein, Inc. v. Archer and White Sales, Inc. rejected a “wholly groundless” exception to its general principles allocating arbitrability issues between court and arbitrator.

F. Peter Phillips

New Swiss Rules of Mediation

(8/09/19)F. Peter Phillips

The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.

Beth Graham

CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements

(8/09/19)Beth Graham

Nursing homes are now able to have protection and a clear plan with arbitration agreements.

F. Peter Phillips

“Infinite” Arbitration Clauses

(7/12/19)F. Peter Phillips

The obligation to arbitrate survives the termination of your services and is indefinite.

Beth Graham

SCOTX Grants Petition For Review Over Local Government Arbitration Question

(7/12/19)Beth Graham

On Friday, the Supreme Court of Texas agreed to consider whether the San Antonio River Authority must arbitrate a dispute related to the costs associated with a $10 million dam project.

Mark Kantor

US Sup Ct Grants Review to Decide Whether New York Convention Permits Non-Signatory to Compel International Arbitration on Equitable Estoppel Grounds

(6/28/19)Mark Kantor

The dispute addresses whether, under the New York Convention, a non-signatory can compel arbitration.

Beth Graham

Federal Court Sends Data Privacy Dispute to Arbitration

(3/01/19)Beth Graham

This article when the court stated an unconscionability claim failed because the arbitration requirement was made clear to readers of the subscriber agreement.

Phyllis Pollack

The NFL’s Moral Disengagement

(2/05/19)Phyllis Pollack

There are approximately eight different ways to morally disengage, and I examine how this related to the NFL.

Jeffrey Benz

A Glimpse into the Future of Alternative Dispute Resolution in China

(1/25/19)Jeffrey Benz

ADR is growing, with more than 300 providers doing business in China and arbitration being regularly used.

F. Peter Phillips

Another Wrong Arbitration Decision in New Jersey

(10/26/18)F. Peter Phillips

It’s not often that an excellent court simply misconstrues — or worse ignores — relevant state statutes and superseding federal law.

Michael Heller

Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?

(10/13/18)Michael Heller

The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.

Phyllis Pollack

Too Many Cooks in the Kitchen!

(10/05/18)Phyllis Pollack

I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.

John Lande

What Do Litigants Really Want?

(9/06/18)John Lande

This discusses the article "Inside the Mind of the Client."

John Wade

Evaluative Mediation---Curriculum modules

(8/24/18)John Wade

This article discusses topics that often come up in Evaluative Mediation trainings: A selected number can be included in a course on evaluative mediation, and exercises used to assist “learning” of those topics.

Beth Graham

SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims

(7/02/18)Beth Graham

The high court's opinion will resolve a split among the Circuit Courts of Appeal regarding whether a court may decide the issue of arbitrability in situations where the arbitration claim is groundless.

Michael A. Zeytoonian

The Time for Dispute Resolution Alternatives (DRA) has come

(5/25/18)Michael A. Zeytoonian

There was a time, not long ago, when those who found themselves in a dispute had two basic choices: They could either file a lawsuit/initiate some formal complaint process or they could just walk away from the conflict and try to move on.

Ronald S. Kraybill

How to Lead with Less Anger

(4/27/18)Ronald S. Kraybill

Do you use an angry voice to communicate or give instructions when a firm, even voice would do the job just as well?

Eric Van Loon

Ten Tips Toward Client Arbitration Satisfaction

(4/06/18)Eric Van Loon

Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive.

F. Peter Phillips

Supreme Court’s Grant of Cert Will Examine Difference Between “Arbitrability” and “Jurisdiction”

(3/09/18)F. Peter Phillips

One of the issues before the Supreme Court right nowis particularly interesting.

Beth Graham

SCOTX Holds Payday Lender Did Not Waive Right to Arbitration

(3/02/18)Beth Graham

The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.

Sabine Walsh

Educating the Dispute Resolvers of the Future

(2/09/18)Sabine Walsh

The ICC Mediation Competition in Paris, and the growing number of others like it, are contributing to a change in the way disputes are going to be resolved in the future.

Phyllis Pollack

I Like You!

(2/02/18)Phyllis Pollack

Lawsuits are products.

F. Peter Phillips

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

(1/05/18)F. Peter Phillips

This article discusses the decision holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.

Elena Gurevich

Roundup: Legislation with Mediation or Arbitration…Maybe for the future?

(11/17/17)Elena Gurevich

Several bills have been introduced in the U.S. House of Representatives and the Senate this year that touch upon arbitration or mediation.

F. Peter Phillips

Singapore: The Hub of International Commercial Dispute Resolution

(11/06/17)F. Peter Phillips

In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.

Beth Graham

Legal Battle Continues After Arbitrator Upholds Suspension of Dallas Cowboys Running Back

(10/23/17)Beth Graham

the NFL filed a motion to confirm the arbitrator’s decision in the Southern District of New York – the same court that upheld Tom Brady’s suspension following the so-called “Deflategate” controversy. 

F. Peter Phillips

Prevalence of Employment Arbitration is Measured

(10/13/17)F. Peter Phillips

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.

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