How to maximize your opportunity to "Win" at mediation.
Is mandatory mediation training in India too late?
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.
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?
This article discusses the practical considerations or the do’s and don’ts of conducting a mediation online.
University teachers faced with marking hundreds of papers have been known to find some crumbs of comfort in students’ more eccentric answers.
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.
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.
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.
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.
My experience suggests that the mediator's toolbox contains techniques that can help financially shaky defendants settle.
New arbitration case denying a motion to compel arbitration of claims alleging violation of the 12-year-old Illinois Biometric Information Privacy Act
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."
Most of those in the know agree that military marriages are burdened by stresses and strains beyond those of an ordinary marriage.
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?
With the COVID-19 pandemic and everybody home, Internet becomes the highway of contact with the world. And, in mediation, mass transmigration to ODR.
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.
Expedited Arbitration and Party Autonomy Are Key Solutions to Resolving COVID-19-Related Supply Chain Disruptions
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.
I’ve said it before and I’ll say it again. The law can be a very dangerous thing.
By the time workplace disputes have reached the attention of Employee Relations, mediation starts to look like a last chance saloon for informal resolution.
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.
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.
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.
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.
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.
In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.
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.
The Swiss Chambers’ Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019.
Nursing homes are now able to have protection and a clear plan with arbitration agreements.
The obligation to arbitrate survives the termination of your services and is indefinite.
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.
US Sup Ct Grants Review to Decide Whether New York Convention Permits Non-Signatory to Compel International Arbitration on Equitable Estoppel Grounds
The dispute addresses whether, under the New York Convention, a non-signatory can compel arbitration.
This article when the court stated an unconscionability claim failed because the arbitration requirement was made clear to readers of the subscriber agreement.
There are approximately eight different ways to morally disengage, and I examine how this related to the NFL.
ADR is growing, with more than 300 providers doing business in China and arbitration being regularly used.
It’s not often that an excellent court simply misconstrues — or worse ignores — relevant state statutes and superseding federal law.
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.
I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.
This discusses the article "Inside the Mind of the Client."
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.
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.
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.
Do you use an angry voice to communicate or give instructions when a firm, even voice would do the job just as well?
Except in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs are making courthouse litigation cost prohibitive.
One of the issues before the Supreme Court right nowis particularly interesting.
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.
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.
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.
Several bills have been introduced in the U.S. House of Representatives and the Senate this year that touch upon arbitration or mediation.
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.
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.
Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes.
When ABBA launched “The Winner Takes It All” in 1980, modern arbitration was still in its infancy.
Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.
The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.
Accountability of ADR practitioners is important to ensure the credibility and effectiveness of ADR processes.
As practitioners and clients alike are well aware, international arbitration is not without its risks.
In his journal article, Professor Bradford discusses creating a simplified online arbitration remedy to be used in situations where crowdfunding fraud has occurred.