Conflict Resolution|International|Negotiation

Multiple Interests, Multiple Stakeholders, Lives on the Line

Conflict Resolution|International|Negotiation

Multiple Interests, Multiple Stakeholders, Lives on the Line

This blog has noted, over the years, the challenges of multiparty negotiations.  It has also brought readers' attention to the challenges of hostage negotiation.  This next paper from a New York Law School student combines the two in a horrific melange of self-interest, terror and human lives.  The topic is the...

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Conflict Resolution|Mediation

"ADR Pledge" — Old School or a Useful Tool?

Conflict Resolution|Mediation

"ADR Pledge" — Old School or a Useful Tool?

Some colleagues have been batting back and forth the idea of initiating a Corporate ADR Pledge in our jurisdiction.  They observe that business-to-business disputes continue to be litigated at an alarming rate, and that those who manage corporate disputes may not be aware of the efficiencies that mediation offers.  A...

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Arbitration|Conflict Resolution|Europe|Mediation

France: Current State of Arbitration and Mediation

Arbitration|Conflict Resolution|Europe|Mediation

France: Current State of Arbitration and Mediation

I recently finished another semester teaching International Commercial Dispute Resolution at New York Law School, and once more was reminded of how much one learns when one teaches.  The final papers in the course were very good, and I have chosen a few to share, with the permission of the...

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Arbitration|Europe|International

The Very Cutting Edge of International Arbitration

Arbitration|Europe|International

The Very Cutting Edge of International Arbitration

I was privileged to be included in the recent European Users' Council Symposium at Tylney Hall, near Basingstoke, England, and organized by the London Court of International Arbitration. Present were international practitioners and arbitrators; inside council of global corporations who regularly use international arbitration; professors of international dispute resolution; representatives...

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Arbitration|Courts

Third Circuit Permits Class Arbitration, Distinguishes Stolt-Nielsen

Arbitration|Courts

Third Circuit Permits Class Arbitration, Distinguishes Stolt-Nielsen

For the past ten years (and counting), Dr. Ivan Sutter and Oxford Health Plans have been engaged in a dispute arising from a 1998 agreement pursuant to which Dr. Sutter would provide health services to Oxford's members and Oxford would compensate the doctor at a predetermined rate. Seeking quick, efficient resolution of...

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Courts|Mediation

Violate Mediation Confidentiality? Case Dismissed!

Courts|Mediation

Violate Mediation Confidentiality? Case Dismissed!

J. Michael Hand didn't like the Walnut Valley Sailing Club's storage shed.  A member of the club, though not disabled himself, Mr. Hand thought the structure didn't comply with the accessibility requirements of the Americans with Disabilities Act.  So he sued. The Walnut Valley Sailing Club didn't like being sued, and...

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Arbitration|Conflict Resolution|Courts|Europe|International|Mediation|Negotiation

ABA Dispute Resolution Meeting April 18-21

Arbitration|Conflict Resolution|Courts|Europe|International|Mediation|Negotiation

ABA Dispute Resolution Meeting April 18-21

I remember attending the first meeting of the Dispute Resolution Section of the American Bar Association, in Boston, in 1999. I was on a panel discussing Y2K, and absolutely everybody I had ever met in ADR was in attendance. Y2K has since moved on, but the ABA Dispute Resolution Section...

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