Conflict Resolution|Europe|International|Mediation

European Directive: Assessment Six Years Later

Conflict Resolution|Europe|International|Mediation

European Directive: Assessment Six Years Later

We had previously noted the recent, extraordinarily ambitious and incisive report addressing the current state of the European Directive on ADR.  We now hear from one of its authors, Prof. Giuseppe De Palo, of a conference on the topic in London, that is available worldwide by internet link.  The announcement...

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Ethics

Is Windows XP Unethical? Is Starbucks?

Ethics

Is Windows XP Unethical? Is Starbucks?

An interesting panel at the recent Spring Meeting of the ABA Business Law Section addressed questions of the ethical obligations of business lawyers in various hypothetical situations.  Chaired by Ellen Pansky, the panel included Jeff Kraus, Jacqueline Unger and Lois Mermelstein....

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Conflict Resolution|Mediation|Negotiation

Mediation and Substantive Justice — ABA DR V

Conflict Resolution|Mediation|Negotiation

Mediation and Substantive Justice — ABA DR V

Our final report from the 2014 Spring Meeting of the ABA Dispute Resolution Section addresses Ellen Waldman of Thomas Jefferson School of Law and Lola Akin Ojelabi of La Trobe University in Australia's discussion of “Mediation Ethics and Substantive Justice: A View from Rawls’ Original Position.” The question is whether mediation...

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Conflict Resolution|Ethics|Mediation|Teaching

Licensing Mediators — ABA DR IV

Conflict Resolution|Ethics|Mediation|Teaching

Licensing Mediators — ABA DR IV

At the Miami ABA Dispute Resolution Conference, James Coban, Janice Fletcher, Art Hinshaw and Susan Yates addressed the provocative topic, “Cosmetologists Are Licensed, Why Aren’t Mediators?” Ms. Yates, of Resolution Systems Institute, clarified some terms of art for the sake of the discussion.  “Credentialing” is the big umbrella, the widest term. ...

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Ethics|Mediation

Moral Aspects of Mediation — ABA DR III

Ethics|Mediation

Moral Aspects of Mediation — ABA DR III

David Hoffman from the Boston Law Collaborative offered a program at the ABA Dispute Resolution Section Spring Meeting on “Mediator as Moral Witness: Right and Wrong.”  The question presented was: What happens when moral issues arise in the course of a mediation?  And, according to Hoffman, they always do. ...

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Conflict Resolution|systems design

ODR Adds Arrows to the Quiver — ABA DR II

Conflict Resolution|systems design

ODR Adds Arrows to the Quiver — ABA DR II

Continuing the series of reports from the ABA Dispute Resolution Section, Colin Rule, Ethan Katsh, Jeff Aresty and Daniel Rainey offered a panel on “Building an Online Justice System: ODR and the Courts.”  Colin Rule said he was attracted not to the algorithmic powers of technology and the internet, but...

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Conflict Resolution|Negotiation|systems design

Planned Early Resolution — ABA DR I

Conflict Resolution|Negotiation|systems design

Planned Early Resolution — ABA DR I

This is the first of a series of posts on panels presented at the 16th ABA Dispute Resolution Section Annual Meeting, in Miami, Florida, April 2-5, 2014. John Lande, Kurt Dettman, Phil Armstrong and Deborah Masucci gave a panel on early planned dispute resolution.  The goal of the integrated approach is...

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