Conflict Resolution|Mediation|systems design

Lawyers as Peacemakers and Changemakers

Conflict Resolution|Mediation|systems design

Lawyers as Peacemakers and Changemakers

Lincoln famously wrote: “As a peacemaker the lawyer has a superior opportunity of being a good man.”  Without challenging this proposition, I have often wondered to what extent lawyers are uniquely positioned to achieve “goodness,” or to do “good” for others.  Don’t teachers also have a “superior opportunity” to do...

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Arbitration|Conflict Resolution|Ethics|Mediation

Third Party Funding in Arbitration — Ethics and Best Practices

Arbitration|Conflict Resolution|Ethics|Mediation

Third Party Funding in Arbitration — Ethics and Best Practices

In March 2017, New York Law School and the American Arbitration Association convened a discussion of "Hot Topics in Arbitration," one of which involved third party funding.  The event was taped and the provocative discussion can be viewed here. The issue is also addressed in a terrific article appearing in the...

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Arbitration|Conflict Resolution|Europe|International|Mediation

International ADR “Boot Camp” in London

Arbitration|Conflict Resolution|Europe|International|Mediation

International ADR “Boot Camp” in London

Many are the contracts contemplating cross-border purchases, but still sporting conventional forum selection clauses.  Many clients' businesses are running ahead of their attorneys' experience, resulting in contracts like a Florida company shipping to Bolivia, but calling for litigation in Tampa. Ever try to translate a judgment issued a Florida state court...

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Conflict Resolution|International|Mediation

Global Pound Conferences: Singapore Report

Conflict Resolution|International|Mediation

Global Pound Conferences: Singapore Report

We have previously noted the series of convenings under the auspices of the International Mediation Institute, Herbert Smith Freehills, and others, under the title "Global Pound Conference."  The first was held in Singapore in March of this year, and a formal report on the proceedings, as well as a analysis...

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Conflict Resolution|International|Mediation

Keynote at Asian Mediation Conference

Conflict Resolution|International|Mediation

Keynote at Asian Mediation Conference

I was honored to address the 4th Conference of the Asian Mediation Association in Beijing,  held 20-21 October, 2016, as a keynote speaker.  My remarks appear below. * * * What the West Can Learn from Chinese Mediation by Peter Phillips[1] I first visited China almost 15 years ago as a representative of the CPR...

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Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

Conflict Resolution|Courts|International|Mediation|Uncategorized

Report from Asian Mediation Association Conference

I write from Beijing, where the two-day Conference of the Asian Mediation Association has been held, organized by the China Council for Promotion of International Trade (CCPIT) Mediation Centers.  I was very excited to return to Beijing after nine years' absence and to meet so many like-minded, but differently-situated, colleagues. The...

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Arbitration|Conflict Resolution|Mediation|United States

New York’s Global Pound Conference

Arbitration|Conflict Resolution|Mediation|United States

New York’s Global Pound Conference

A group of very prominent stakeholders on commercial dispute resolution met at Cardozo Law School on September 12, 2016, to conduct the New York City session of the Global Pound Conference.  Of all the many institutions and volunteers who were responsible for this success, the International Mediation Institute takes the...

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