It's not often that an excellent court simply misconstrues -- or worse ignores -- relevant state statutes and superseding federal law. But the Superior Court Appellate Division of New Jersey seems to have done so. We assume that it was trying to protect employees claiming age discrimination. In fact, it...
I am pleased to report that Business Conflict Management has been the subject of two valued instances of recognition. First, I am pleased to advise that I am the honoree of the James B. Boskey Award as “2018 ADR Practitioner of the Year.” The Dispute Resolution Section of the New Jersey...
The United Nations Commission on International Trade Law (UNCITRAL) has announced agreement on a “United Nations Agreement on International Settlement Agreements Resulting from Mediation.” Informally named the “Singapore Convention,” the instrument has been hailed as a long-sought mechanism to give cross-border disputants the confidence that, if they engage in mediation...
The China Council for Promotion of International Trade (CPPIT) in conjunction with its Hunan Province Sub-Council convened a dynamic Mediation Summit in Changcha, China, on 12-13 September 2018. The first panel discussed implications of the Belt/Road Initiative, announced five years ago. GAO Xiaoli, Deputy Chief Judge of the Civil Tribunal of the...
Upon reconvening in October 2018, the Supreme Court will take up an interesting question involving the familiar rules of First Options v. Kaplan: Who is to decide whether a claim is subject to arbitration -- a court or the arbitrator? The peculiar facts giving rise to that concern in Archer...
Deborah Masucci, Chair of the International Mediation Institute, advises: "Yesterday [25 June 2018],during the 51st Session of UNCITRAL, the final drafts were finalized for a Convention on the Enforcement of Mediation Settlements and a Model Law for the same. The drafts are being referred to the Commission for adoption later this...
The irrepressible -- and for many of us irreplaceable -- Michael Leathes has spread the word of a new proposal, for an international negotiation initiative called the International Negotiation Initiative, or INI. Leathes, author of the recent and excellent book Negotiation: Things Corporate Counsel Need to Know But Were Never Taught...