The ADR Committee of the ABA Trial, Tort and Insurance Practice Section (TIPS) sponsors a periodic series of telephonic programs on the Psychology of Conflict Resolution. The programs are organized and moderated by San Francisco mediator Elizabeth Bader, a professional of wide-ranging gifts whose friendship I and many others value...
The May 2013 issue of the IBA Dispute Resolution Section's journal, Dispute Resolution International, has a concise and compelling article by Mark H. Alcott addressing "Post-Award Attacks on Arbitrators." The title speaks for itself: the author is harshly critical of challenges to arbitral impartiality that are first asserted after an...
The 18th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Prague, Czech Republic, on June 7-8, 2013. Mediators and Centers came from the U.S., Canada, Algeria, Iraq, Bahrain, Ireland, France, Czech Republic, Greece, Belgium, Italy, Netherlands, Germany, Lebanon,...
Royal Dutch Shell Legal Director Peter Rees and CPR Institute President Kathy Bryan have co-authored a very good article called "How to Manage Disputes in a Flat World." Much of its appeal lies in its emphasis on management of risk rather than resolution of disputes. And its premise is compelling: Business...
The second student paper addresses negotiation in China. The author, Justin Shain, lived in China for a period. What makes this paper so appealing is the ease and authority with which various strains of the robust Chinese culture are woven into a clear and useful piece of guidance for the...
Once again I have had the privilege of teaching the excellent students at New York Law School in International Commercial Dispute Resolution, and once again it has resulted in some superb pieces of written research. Here is the work of Somya Kaushik, who will be graduating in a few weeks...
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the...