Over the past 18 months I have been getting more and more involved with the "Conflict Transformation Committee" of the New York Yearly Meeting of the Religious Society of Friends. That's like Quakers. Like the oatmeal. And it's going to get worse before it gets better....
Readers of this blog will remember my interest in the work of Prof. John Ruggie, the Special Representative of the U.N. Secretary General on the issue of human rights and transnational corporations. His work continues, richer and even more provocative....
Victoria Pynchon's "Settle It Now Negotiation Blog" is always worth reading, and a recent post struck paydirt: A link to an article by Donald R. Philbin, Jr., on the use of decision tree analysis -- and other tools -- in assisting parties to intelligently negotiate claims and defenses. It is...
There are a lot of great resources out there to assist transactional lawyers in planning dispute protocols and protecting the value of the deal. Why are there still so many clumsy (even pathological) contract clauses? Perhaps this article can be of some help....
Michael McIlwrath has posted an absorbing podcast that compares the expectations of lawyers and the demands of business clients. The difference between them is not just eye-opening -- it's jawdropping. Listen to the podcast -- it's 12 minutes -- and tell me: Is there any other industry where the customer and the...
This Article first appeared in New York Dispute Resolution Lawyer (2009). On May 21, 2008, the European Parliament enacted a Directive to encourage the use of mediation in civil and commercial matters, and to make uniform throughout the European Union the legal status of certain attributes of that practice. The Directive...
This article was first published in Contemporary Issues in International Arbitration and Mediation: The 2008 Fordham Papers (2009) The rise of China as a trade partner to the United States, and the legal and commercial ramifications of this phenomenon, have been widely observed and commented upon. This article relates some experiences...