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“Abusing the Mediation Process”

Uncategorized

“Abusing the Mediation Process”

Two experts in the Milan UIA Mediation Forum addressed “Abuse in the Mediation Process.”  The speakers were Renate Dendorfer-Ditges of Bonn and Galyna Yeromenko of Kyev.  The contributions of Anne-Karin Grill of Vienna were also represented, though her illness frustrated her in-person participation.  Topics included bad-faith participation, lying by the parties or by the mediator,...

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Innovations in Mediation: Australia and Africa

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Innovations in Mediation: Australia and Africa

At the 27th meeting pf the UIA World Forum of Mediation Centres, in Milan, Danielle Hutchinson of Melbourne Australia and Jill Goldson of Auckland New Zealand offered a provocative discussion on “Innovative Approaches to Mediation.” Danielle introduced “MyDRHub,” an initiative in party-centric dispute resolution.  Referring to Global Pound Conference data, she...

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The Fruits of Teaching Lawyers How to Negotiate

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The Fruits of Teaching Lawyers How to Negotiate

I have been teaching negotiation for nine years now, and the gratification never ends. For the past several years, I've made a final assignment called the "Blue Paperclip Exercise," brought to my attention by Hal Abramson, in which a student is given a paperclip and assigned to increase initial value...

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Arbitration|Courts

Arbitration Jurisprudence Takes Strange Turn

Arbitration|Courts

Arbitration Jurisprudence Takes Strange Turn

The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour. In the most recent development, it is hard not to infer a judicial bias against arbitration reminiscent of the 19th century. In Itzhakov v. Segal (A-2619-17T4, August 28, 2019), the mid-level Appellate Division reviewed the...

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Courts|International|Mediation

New Swiss Rules of Mediation

Courts|International|Mediation

New Swiss Rules of Mediation

The Swiss Chambers' Arbitration Institution (SCAI) has revised its Rules of Mediation, effective July 1, 2019. The text of the new Rules is available here. The new Rules revise those that have been in effect since 2007. Of particular interest are Articles 16 and 17, which provide for the...

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Arbitration

“Infinite” Arbitration Clauses

Arbitration

“Infinite” Arbitration Clauses

Prof. David Horton of the University of California, Davis, School of Law has posted a provocative article scheduled to be published by the University of Pennsylvania Law Review. Titled "Infinite Arbitration Clauses," it collects and comments upon purported arbitration "agreements" pursuant to which one party seeks to obligate another...

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