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...
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. ...
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...
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...
THE EXERCISE: Imagine a market with fully successful commercial mediation. (Its success is measured by the breadth of take-up by commercial disputants and the infrequency of litigated cases involving business disputes.) What are its attributes? What conditions gave rise to this broadly-accepted use of mediation as a day-to-day method of...
While meeting in Houston, how can mediators not assemble a program on “Energy Mediation in the Energy Capital”? Pierre-Jerome Abric, General Counsel Litigation to the French company AREVA, moderated a panel including Murray Fogler, a trial lawyer in Houston; Dick Watt, an attorney/mediator from Houston; and Raymond Albericht, Vice President,...
The UIA World Mediation Forum in Houston has generated the usual mixture of stimulation and camaraderie. The first panel concerned "Mediation: The Judicial Perspective Here and Abroad." Aleš Zalar, former Minister of Justice of Slovenia and currently President of the European Centre for Dispute Resolution of Ljubljana, moderated the panel, and...