A panel of eight speakers at the Madrid IBA Conference spoke on "Projects, Practices and Policies: Developments from the World of Mediation." This is the first of a two-part report on the presentations offered....
On July 24, 2009, the Chinese Supreme People's Court issued Several Opinions on Establishing and Improving of a Dispute Resolution System and the Linking of Litigation and Alternative Dispute Resolution Mechanism. Thanks to Andrew Aglionby and his stalwart crew at Baker & McKenzie's China office, we have a translation of this...
Last year I had occasion to show a mediation video to a group of senior claims executives of European insurance companies who had assembled in Zurich. They loved it, and I was reminded just how powerful this video is to introduce the process of cross-border, cross-cultural interest-based facilitated negotiation to business...
If ever there were a "poster child" for commercial dispute resolution on the basis of shared interest, it is in the ongoing relationship between franchisors and franchisees. The franchisor makes money only if the franchisee sells, and the franchisee sells only if the franchisor supports. What better example of the mutual benefits...
I first came upon the term "Collaborative Law" in 2006 when I met David Hoffman of Boston Law Collaborative. David is a remarkable guy and could sell ice to an Eskimo if he thought the ice would be a benefit. As concerns collaborative law, David is tireless in his advocacy,...
At the Chicago ABA Meeting, a helpful panel was presented on "Ethics Basis for Business Lawyers." The discussion of Rule 4 -- addressing responsibilities with respect to persons other than clients -- boiled down to the ethics of negotiation. One of my favorite definitions of mediation is "negotiation with adult...
In her excellent blog (linked on the home page of this blog), Diane Levin does us a great service by cutting to the quick of the debate on certification. Her post is an essential read....