Conflict Resolution|Negotiation|systems design|Teaching

Planned Early Dispute Resolution Resources

Conflict Resolution|Negotiation|systems design|Teaching

Planned Early Dispute Resolution Resources

Readers might be interested in taking a look at the User Guide and other resources developed by the Planned Early Dispute Resolution Task Force of the ABA Section of Dispute Resolution, which was co-sponsored by the AAA, CPR, and JAMS. The User Guide, largely reflecting the work of Task Force Chair...

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Arbitration|Mediation

New AAA Arbitration Rules

Arbitration|Mediation

New AAA Arbitration Rules

The American Arbitration Association has issued new Commercial Arbitration Rules effective October 1, 2013.  The changes seem designed to better serve disputants and enhance the commercial rationality of arbitration under the AAA's auspices.  As to be expected from the AAA, they are elegant and reflect the thinking of many stakeholders....

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Conflict Resolution

Dispute Resolution Committee of the ABA Business Law Section

Conflict Resolution

Dispute Resolution Committee of the ABA Business Law Section

My father taught me long ago that if you want to catch fish you need to put your hook where the fish are.  That's why I have devoted time to the ABA Business Law Section.  It's where the folks gather who can benefit from what commercial ADR has to offer. At...

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Conflict Resolution|International|Negotiation|systems design

Project Management and Dispute Avoidance

Conflict Resolution|International|Negotiation|systems design

Project Management and Dispute Avoidance

An interesting presentation on dispute prevention was featured at the recent UIA World Mediation Forum in Prague.  The presenters demonstrated that project managers, not lawyers, may be the best equipped to save time and money by avoiding disputes. ...

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Courts|International|Mediation

Regulating, Certifying, Creating Barriers to Entry….

Courts|International|Mediation

Regulating, Certifying, Creating Barriers to Entry….

There seems to be a presumption that being a mediator implicates public policy, and that the practice of mediation needs to be somehow regulated for the public good. In my region, for example, one must demonstrate training, skills or both in order to be listed on various court-annexed mediation panels.  At...

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Arbitration|International

"Efficiency" in International Arbitration: Last Night's Martini?

Arbitration|International

"Efficiency" in International Arbitration: Last Night's Martini?

During a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, GE Oil & Gas Assistant General Counsel Mike McIlwrath shared some cogent and stimulating -- and personal -- observations on the responsibility that corporate end-users must take for the process of international arbitration.  Soon after...

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