Ethics|Mediation

New ABA Mediator Ethics Opinion

Ethics|Mediation

New ABA Mediator Ethics Opinion

In a previous post I noted the work of the ABA Dispute Resolution Section's Committee on Mediator Ethical Guidance, which interprets the Model Standards of Conduct for Mediators (promulgated in 2005 by the ABA, AAA and ACR).  In that same post, I noted the frequent close correlation between ethical lapses...

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Arbitration|Employment|International|Mediation|systems design

UIA Mediation Forum and Employment Systems Design

Arbitration|Employment|International|Mediation|systems design

UIA Mediation Forum and Employment Systems Design

The Union International des Avocats have hosted the World Forum of Mediation Centres since 2002, and I have attended all but three of their meetings.  It is a convivial crowd of well-informed, deeply committed and sociable folks who tend to meet at interesting (mostly European) venues. The meeting scheduled for Luxembourg...

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Conflict Resolution

ABA Dispute Resolution Conference April 7-9, 2016

Conflict Resolution

ABA Dispute Resolution Conference April 7-9, 2016

The ABA Dispute Resolution Section Spring Conference is always a highlight.  For 2016 it's being held in New York City, making it real easy for me.  The breadth and scope of the topics are, as usual, phenomenal, making this event consistently the Class Act of the ADR year. ...

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Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

A recent decision of the Supreme Court of Nevada addresses the question whether a party's ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.  In MB America, Inc. v. Alaska Pacific Leasing Company, the court said it was,...

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Conflict Resolution|Mediation

Splendid New "Must-Have" Book on Mediation

Conflict Resolution|Mediation

Splendid New "Must-Have" Book on Mediation

Of all the volumes on mediation -- many of them very good, some of them of great practical value -- few are "must-have" volumes, in my mind.  One "must-have" is Dwight Golann's Mediating Legal Disputes.  It is well-thumbed and as recently as last night I had occasion to pull it...

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