We had previously noted the recent, extraordinarily ambitious and incisive report addressing the current state of the European Directive on ADR. We now hear from one of its authors, Prof. Giuseppe De Palo, of a conference on the topic in London, that is available worldwide by internet link. The announcement...
Our final report from the 2014 Spring Meeting of the ABA Dispute Resolution Section addresses Ellen Waldman of Thomas Jefferson School of Law and Lola Akin Ojelabi of La Trobe University in Australia's discussion of “Mediation Ethics and Substantive Justice: A View from Rawls’ Original Position.” The question is whether mediation...
At the Miami ABA Dispute Resolution Conference, James Coban, Janice Fletcher, Art Hinshaw and Susan Yates addressed the provocative topic, “Cosmetologists Are Licensed, Why Aren’t Mediators?” Ms. Yates, of Resolution Systems Institute, clarified some terms of art for the sake of the discussion. “Credentialing” is the big umbrella, the widest term. ...
David Hoffman from the Boston Law Collaborative offered a program at the ABA Dispute Resolution Section Spring Meeting on “Mediator as Moral Witness: Right and Wrong.” The question presented was: What happens when moral issues arise in the course of a mediation? And, according to Hoffman, they always do. ...
THE EXERCISE: Imagine a market with fully successful commercial mediation. (Its success is measured by the breadth of take-up by commercial disputants and the infrequency of litigated cases involving business disputes.) What are its attributes? What conditions gave rise to this broadly-accepted use of mediation as a day-to-day method of...
While meeting in Houston, how can mediators not assemble a program on “Energy Mediation in the Energy Capital”? Pierre-Jerome Abric, General Counsel Litigation to the French company AREVA, moderated a panel including Murray Fogler, a trial lawyer in Houston; Dick Watt, an attorney/mediator from Houston; and Raymond Albericht, Vice President,...
In Houston, UIA World Mediation Forum Co-President Thierry Garby moderated a panel on mediator ethics. Speakers included Claude Amar, President of the French Academy of Mediators; Trey Bergman of Houston; Jim Lawrence of the University of Houston Law Center; and Patrick van Leynseele of Dal & Veldekens, Brussels....