Efforts to challenge the enforceability of settlements that are obtained through mediation almost always yield uncomfortable outcomes. A recent New Jersey Appellate Division decision is no exception....
The 17th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Zagreb, Croatia, on October 5-6, 2012. Mediators and Centers came from the U.S., Spain, Italy, India, Canada, Croatia, France, Netherlands, Czech Republic, Lebanon, Russia, the U.K., Slovenia, Germany,...
GE Oil & Gas attorney Michael McIlwrath has brought our attention to the recently released 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process. This study, conducted by the School of International Arbitration at Queen Mary, University of London, and the firm of White & Case LLP,...
We recently noted an opinion in the District Court for the Southern District on New York, protecting the integrity of the arbitration process by sanctioning a party that had sought to vacate an arbitration award with no grounds whatsoever, except a desire to delay its effect. Recently the Second Circuit...
Every now and then this blog features judicial opinions that interpret mediation confidentiality in seemingly odd ways. The California Court of Appeals' August 3, 2012, opinion in Hadley et al. v. The Cochran Firm deserves a place in the pantheon. ...
Our Italian readers may wish to know that Concilia LLC, the all-purpose ADR firm in Vicenza, will be holding a training session on 12 October conducted by William Ury, author of The Power of a Positive No and co-Author of Getting to Yes. Information and booking are available...
It is a cause of dismay, in a way, that the ABA has published John Lande's superb book, Lawyering with Early Planned Negotiation: How You Can Get Good Results for Clients and Make Money. More than a generation since Frank Sander espoused the "Multi-Door Courthouse," and Jim Henry founded CPR Institute,...