Mediation

Mediation Confidentiality Collides with Accountability in Court-Ordered Mediation

Mediation

Mediation Confidentiality Collides with Accountability in Court-Ordered Mediation

In the Bankruptcy Court for the Southern District of New York, a judge held a hearing upon Order to Show Cause why Wells Fargo, which had been required to participate in a mediation, should not be sanctioned for the conduct of its counsel in that mediation.  The mediator testified, Wells Fargo's counsel testified, and...

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Arbitration|Employment

Employment Arbitration: Supremes Deal a Blow to Clarity

Arbitration|Employment

Employment Arbitration: Supremes Deal a Blow to Clarity

Prima Paint teaches that the arbitration agreement nestled in a commercial contract has a legal validity of its own, and that once a court determines that the "nestled" agreement to arbitrate is enforceable, then the arbitrator and not the court shall determine the enforceability of the rest of the contract. The interesting thing about the arbitration...

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Conflict Resolution|Europe|Human Rights

ADR as a Human Rights Violation (??)

Conflict Resolution|Europe|Human Rights

ADR as a Human Rights Violation (??)

I had a good chuckle at an article that appears in the current issue of Dispute Resolution International, the journal of the Dispute Resolution Section of the International Bar Association.  Daniele Cutolo and Mark Alexander Shalaby discuss a case brought in Italy to test whether an Italian statute requiring mediation...

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Europe|International|Mediation|Teaching

Developments in Europe

Europe|International|Mediation|Teaching

Developments in Europe

Giuseppe de Palo and I first met in 1999 or 2000, when I was bowled over the first time I learned about his work with The ADR Center in Rome.  Since that time, every occasion I meet Giuseppe I am reminded what a powerhouse of talent, ambition, energy and aspiration...

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Conflict Resolution

Perfect Game Pitcher: "Nobody's Perfect"

Conflict Resolution

Perfect Game Pitcher: "Nobody's Perfect"

Even those who find American baseball deadly dull will acknowledge the grip the sport has had on the American imagination.  Its impact on the American language alone is beyond cavil, and students of the sport have been moved to profound philosophical observations.  Now it has contributed to our understanding of...

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