The 18th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Prague, Czech Republic, on June 7-8, 2013. Mediators and Centers came from the U.S., Canada, Algeria, Iraq, Bahrain, Ireland, France, Czech Republic, Greece, Belgium, Italy, Netherlands, Germany, Lebanon,...
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...
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...
However effective and broadly adopted the Convention and Rules of the International Centre for Settlement of Investment Disputes (ICSID) have been, the ICSID Conciliation Rules have enjoyed very little respect and have seldom been used. This is especially to be regretted, because ICSID arbitrations, though relatively few in number, are often...
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...
One doesn't ordinarily look to California for exceptions to the broad scope of mediator confidentiality, but in Neighborhood Assistance Corporation v. First One Lending Corporation (C.D. Cal. Jan. 29, 2013) we have one....