In 1999, CPR Institute published Kathleen Scanlon's volume Mediator's Deskbook. It was (and still is) a terrific book, subsequently translated into Japanese and Chinese, but alas out of print after 11 years. James Henry, CPR's founder and president, thought of it as "the well-thumbed paperback that every mediator leafs through...
In his keynote address to the Section of Dispute Resolution of the American Bar Association, MIT Professor Lawrence Susskind urged that it was time for ADR professionals to get involved in the failure of meaningful discourse in American public life, and to assist people to talk to each other about deeply...
NOTE: The following text will appear as a chapter in a mediator skills volume to be published soon by the International Bar Association, edited by mediator Patricia Barclay of Bonaccord Ecosse Limited, in Edinburgh, Scotland. Reality testing is the technique of inviting a party to adjust his perceptions of the claim. ...
While working for a company, a guy opens up a competing business and lures away customers. He is sued by his employer for fraud and breach of fiduciary duty. Prior to trial he participates in a mediation, that is unsuccessful. At trial he loses and is found liable for $364,000 in...
The third and final student paper I intend to share addresses the emergence of Islamic law in countries that are, or promise to be, important trade partners with western businesses. ...
My class in International Commercial Dispute Resolution at New York Law School is now finished, and each student was required to prepare a paper on a related topic of their choice. All were good, happily, and some students wrote on topics that readers of this blog may find useful. With their...
This final post from the Madrid IBA Conference concerns a panel of corporate users who were asked whether subject-matter competence was an important factor in selection of a mediator....