It has long been broadly agreed that the most effective target for education and training in ADR is the lawyers who draft the deals. Drafting a dispute resolution clause as an elegant risk allocation is surely the Holy Grail of commercial deals. Model clauses are promulgated by many ADR organizations,...
One doesn't ordinarily look to California for exceptions to the broad scope of mediator confidentiality, but in Neighborhood Assistance Corporation v. First One Lending Corporation (C.D. Cal. Jan. 29, 2013) we have one....
From the CPR Institute: CPR’s Patent Mediation Task Force released its Effective Practices Protocol today endorsing the use of alternative dispute resolution (ADR) in patent disputes, an area in which the cost of litigation expenses have become astronomical....
Michael Leathes gave a characteristically provocative and inspirational address at the 4th ICC International Mediation Conference in Paris on February 7, 2013. Former in-house counsel and a founder and director of the International Mediation Institute, Leathes has posted his speech and the amusing slides that accompany it on the IMI...
Texas lawyer and mediator Don Philbin has devised a piece of software that, based upon thousands of negotiations, can indicate the likely responses to various negotiation offers and demands, thus guiding counsel in what response an opponent will likely take to a particular negotiation tactic, avoiding guesswork and streamlining the...
On January 22, 2013, CPR Institute issued a press release announcing the promulgation of the "21st Century Corporate ADR Pledge." The Pledge provides for signitories "to commit its resources to manage and resolve disputes through negotiation, mediation and other ADR processes when appropriate, with a view to establishing and practicing...