The recent issue of The Business Lawyer, a publication of the ABA Business Law Section, addresses a topic of particular interest: "the hard choices that face a general counsel when weighing the pros and cons of whether and when a particular complex business dispute is better suited for litigation in...
Prof. Sharon Press joined Prof. Lela Love, Prof. Michael Colatrella and Prof. Ellen Waldman at the ABA Dispute Resolution Section Spring Meeting in Seattle for a discussion of a phenomenon raising highly-charged challenges for practitioners: What are a mediator’s ethical duties to a party to a mediation who is unrepresented...
Professionally, I am not given to bedazzlement. I am not among those who claim transformative or quasi-spiritual attributes to what (to me) really boils down to the learn-able professional skill of mediating business disputes. So when friends have reported their experiences attending the ICC International Mediation Competition with tears streaming...
Our friend Giuseppe De Palo reports that the European Parliament’s Legal Affairs Committee (“JURI”) will discuss mediation again at the February 26, 2015, ‘Civil Law & Justice Forum’ in Brussels, and the ADR Center has been asked to present a follow-up to its 2014 study, “Rebooting the Mediation Directive.” The Center has prepared a...
The recent confluence of my Conflict Transformation work with the New York Yearly Meeting of the Society of Friends (Quakers) and the richly rewarding session offered by David Hoffman at the April 2014 Meeting of the ABA Dispute Resolution Section have made me increasingly aware of the moral component of...
Jean-Claude Najar has labored in the fields for General Electric in such onerous assignments as Florence and Paris. He nevertheless maintained his good cheer, and from his new position as international counsel at Curtis, Mallet-Provost, Colt & Mosle he has contributed a terse and sane statement of best practices, appearing...
The third and final part of the morning-long Commercial Finance and Dispute Resolution Symposium at the recent ABA Business Law Section Annual Meeting was a discussion, among audience and experts, of some hypotheticals implicating the obligations of attorneys who negotiate dispute resolution clauses and who represent clients in ADR procedures. The...