Conflict Resolution|Ethics|Mediation

Ethics: Disclosure Meets Confidentiality

Conflict Resolution|Ethics|Mediation

Ethics: Disclosure Meets Confidentiality

Unmarketed, unheralded, and therefore largely unknown are the Model Standards of Conduct for Mediators, promulgated in 2005 by the ABA Dispute Resolution Section, the AAA and ACR. Even less well-known, one suspects, are the opinions of the Committee on Mediator Ethical Guidance that issue periodically interpreting those Standards.  Two recent...

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Conflict Resolution|Europe

ODR from a European Perspective

Conflict Resolution|Europe

ODR from a European Perspective

In the final report from the June 2015 convening of the UIA World Mediation Forum, Elena Koltsaki of Thessalonia, Greece, led a panel addressing online dispute resolution (ODR) from an EU perspective.  She noted two principles at the outset:  First, a central goal of EU regulation is consumer protection and the...

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Conflict Resolution|International

ADR and Challenges to Governmental Acton

Conflict Resolution|International

ADR and Challenges to Governmental Acton

The 21st meeting of the UIA’s World Forum of Mediation Centers took place in beautiful Amsterdam on June 5 and 6, 2015.  Co-Presidents Fabienne van der Vleugel and Colin Wall welcomed delegates mainly from Europe and the United States.  The first topic discussed was the use of mediation in public...

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Arbitration|Conflict Resolution|Mediation|Negotiation

General Counsel's Role in ADR and Transactional Decision-Making

Arbitration|Conflict Resolution|Mediation|Negotiation

General Counsel's Role in ADR and Transactional Decision-Making

The recent issue of The Business Lawyer, a publication of the ABA Business Law Section, addresses a topic of particular interest: "the hard choices that face a general counsel when weighing the pros and cons of whether and when a particular complex business dispute is better suited for litigation in...

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Conflict Resolution|Mediation

Mediating with an Unrepresented Party

Conflict Resolution|Mediation

Mediating with an Unrepresented Party

Prof. Sharon Press joined Prof. Lela Love, Prof. Michael Colatrella and Prof. Ellen Waldman at the ABA Dispute Resolution Section Spring Meeting in Seattle for a discussion of a phenomenon raising highly-charged challenges for practitioners:  What are a mediator’s ethical duties to a party to a mediation who is unrepresented...

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