The second student paper addresses negotiation in China. The author, Justin Shain, lived in China for a period. What makes this paper so appealing is the ease and authority with which various strains of the robust Chinese culture are woven into a clear and useful piece of guidance for the...
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the...
At the recent ABA Business Law Section Meeting in Washington, the Dispute Resolution Committee offered an interesting program titled "Who Gets What?" The panel discussed how one designs compensation schemes that address the needs of victims of mass disasters. Some of these events might be natural (i.e., storms) and others...
The Marie L. Garibaldi American Inn of Court for ADR is the first (and so far the only) Inn of Court devoted expressly to the practice of arbitration, mediation and other non-judicial means of dispute resolution. Located in New Jersey, it gathers, on a monthly basis, the upper echelon of retired and...
Two panels at the upcoming meeting of the ABA Business Law Section in Washington, DC, will be of interest to business lawyers concerned with conflict management. The first, on Friday April 5 at 8:00 a.m., addresses Early Negotiation and Dispute Management and features David Burt of DuPont, Kathy Bryan of CPR, Ben Picker...
The current issue of IBA Global Insight (Feb/March 2013) features an excellent article by Rebecca Lowe that, on first glance, studies the defenses to liability under the Alien Tort Claims Act as presented by the U.S. Supreme Court's consideration of Kiobel v. Royal Dutch Petroleum. The article, however, is both...
Last year, a survey was conducted among senior in-house counsel of the Fortune 1000, to follow-up on the findings of the influential 1997 Cornell survey. Thomas J. Stipanowich of Pepperdine and J. Ryan Lamare of Penn State have now prepared an analysis of that new survey, and in an important...