It has long been broadly agreed that the most effective target for education and training in ADR is the lawyers who draft the deals. Drafting a dispute resolution clause as an elegant risk allocation is surely the Holy Grail of commercial deals. Model clauses are promulgated by many ADR organizations,...
From the CPR Institute: CPR’s Patent Mediation Task Force released its Effective Practices Protocol today endorsing the use of alternative dispute resolution (ADR) in patent disputes, an area in which the cost of litigation expenses have become astronomical....
Michael Leathes gave a characteristically provocative and inspirational address at the 4th ICC International Mediation Conference in Paris on February 7, 2013. Former in-house counsel and a founder and director of the International Mediation Institute, Leathes has posted his speech and the amusing slides that accompany it on the IMI...
On January 22, 2013, CPR Institute issued a press release announcing the promulgation of the "21st Century Corporate ADR Pledge." The Pledge provides for signitories "to commit its resources to manage and resolve disputes through negotiation, mediation and other ADR processes when appropriate, with a view to establishing and practicing...
The four films produced by Harvard's Kennedy School on mediating corporate-community disputes have been recognized with the Award for Best Publication or Communication by the prestigious Centre for Effective Dispute Resolution (CEDR), in London. I am honored to have written and co-directed these films, and also served as interviewer on two....
In 1984, the Philadelphia Yearly Meeting of the Religious Society of Friends published a volume called The Mediator's Handbook. The fourth edition of this wonderful book has recently been released through the Canadian publisher New Society Publishers. By now entirely independent of its initial Quaker roots, The Mediator's Handbook has...
We have noted in various prior posts the confusion that has marked the introduction of commercial mediation in Italy. Not long ago all Italian lawyers went on strike to protest the provision that parties could settle claims without the participation of counsel. Recently we have heard about the ramifications of...