Arbitration|Mediation

ADR Legislative Update

Arbitration|Mediation

ADR Legislative Update

Larson Frisby of the American Bar Association recently prepared an informative memo updating the pending federal legislation and regulations that pertain to mediation and arbitration.  The memo was presented at the ABA Dispute Resolution Section Council meeting in August and is well worth serious study.  It is posted on the...

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Arbitration|Conflict Resolution|Employment|Mediation|United States

New Book on Business ADR

Arbitration|Conflict Resolution|Employment|Mediation|United States

New Book on Business ADR

The ABA Business Law Section has about 50 substantive committees, many of which include subcommittees addressing dispute resolution in their field.  In the past several months, many members of these various entities undertook a collaborative effort to "cut across the solos." The result is a unique  new volume titled ADR...

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Ethics|Mediation

New ABA Mediator Ethics Opinion

Ethics|Mediation

New ABA Mediator Ethics Opinion

In a previous post I noted the work of the ABA Dispute Resolution Section's Committee on Mediator Ethical Guidance, which interprets the Model Standards of Conduct for Mediators (promulgated in 2005 by the ABA, AAA and ACR).  In that same post, I noted the frequent close correlation between ethical lapses...

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Mediation

Party Autonomy: "Something They Teach at Pepperdine"?

Mediation

Party Autonomy: "Something They Teach at Pepperdine"?

A group of sharp and experienced thinkers on the mediation process offered a panel at the recent ABA Dispute Resolution Section meeting in New York before a packed crowd of just-as-sharp practitioners on the topic “Reevaluating the Role of Autonomy in ADR.”  The discussion was led by an ever-patient and...

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Arbitration|Employment|International|Mediation|systems design

UIA Mediation Forum and Employment Systems Design

Arbitration|Employment|International|Mediation|systems design

UIA Mediation Forum and Employment Systems Design

The Union International des Avocats have hosted the World Forum of Mediation Centres since 2002, and I have attended all but three of their meetings.  It is a convivial crowd of well-informed, deeply committed and sociable folks who tend to meet at interesting (mostly European) venues. The meeting scheduled for Luxembourg...

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Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

A recent decision of the Supreme Court of Nevada addresses the question whether a party's ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.  In MB America, Inc. v. Alaska Pacific Leasing Company, the court said it was,...

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Conflict Resolution|Mediation

Splendid New "Must-Have" Book on Mediation

Conflict Resolution|Mediation

Splendid New "Must-Have" Book on Mediation

Of all the volumes on mediation -- many of them very good, some of them of great practical value -- few are "must-have" volumes, in my mind.  One "must-have" is Dwight Golann's Mediating Legal Disputes.  It is well-thumbed and as recently as last night I had occasion to pull it...

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