Thanks to the indefatigable Paul Lurie for posting, on his arbitration/mediation Listserve, the news of the recent release of the Annotated Code of Arbitrator Ethics. The Revised Code of Ethics for Arbitrators in Commercial Disputes was released in 2004 by the American Bar Association and the American Arbitration Association. This newly...
The first of three short films on community/corporate relationships, on the Ambuklao/Binga dams in Luzon, is about to be premiered at the United Nations, in Geneva, on June 16. We are also just about finished the second one, concerning the Tintaya mine in Peru. An interesting coincidence has arisen in...
Retired Magistrate Judge Wayne Brazil was an innovative, dedicated and creative contributor to the growth of court-connected ADR in the 1990s up until his recent retirement. On June 3, he honored the New Jersey State Bar with a keynote speech at the annual New Jersey "ADR Day," and his remarks...
Jane Gunn's new book is the first ADR volume I have read whose introduction begins "This is not a sex manual!" Well, neither is it a self-help book, nor a reminder of the virtues of candid conversation, nor a refresher on the teachings of the Buddha or Jesus. Yet all that...
It is curious that, as formal training in private negotiation increases, the quality of public negotiation has fallen into such disrepair. Business people negotiating a private deal are trained to listen attentively, in order to discover their counterparty's interests, and to devise beneficial options that accomodate them. Yet listening is something one seldom...
The Supreme Court has ruled (again) that state laws purporting to condition the enforceability of arbitration agreements on grounds not ennumerated in Section 2 of the Federal Arbitration Act are themselves unenforceable on Supremacy grounds. I teach that principle in my class using Southland v. Keating, and now I can use...
On the second morning of the ABA Dispute Resolution meeting in Denver, attendees were privileged to hear remarks by Prof. Temple Grandin of Colorado State University's Animal Science Department. The subject of a fabulous BBC documentary and a recent HBO biopic, Dr. Grandin is broadly recognized as an innovator in handling...