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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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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Arbitration|United States

Delaware's Rapid Arbitration Act

Arbitration|United States

Delaware's Rapid Arbitration Act

Its first attempt having been stricken by the Third Circuit, the Delaware General Assembly recently enacted the Delaware Rapid Arbitration Act that seems ideally suited to a broad range of business disputes, and is a welcome contribution to rational, reasonable and responsive arbitration law. Among its features, the Act requires that...

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Conflict Resolution|Mediation|United States

Judge? Mediator? Pick One!

Conflict Resolution|Mediation|United States

Judge? Mediator? Pick One!

There was a time when mediators were seen as alternatives to judges.  Mediators had skills of client-led interest-based consensual resolution; judges had skills in law-led, positional adjudication.  Now, however, many judges seek mediator training and practice mediation, both on and off the bench.  At an intriguing panel at the ABA...

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Conflict Resolution|Teaching|United States

Invitation for Students to Examine Civil Conflict

Conflict Resolution|Teaching|United States

Invitation for Students to Examine Civil Conflict

Professor Stacie Strong of the University of Missouri has announced a student writing competition to prompt critical thinking on the dispute resolution ramifications of the events surrounding the killing in Ferguson, Missouri and elsewhere.  The details of the competition are below.  It will be interesting to see what examples of...

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Arbitration|Courts|Employment|United States

"Agreements" to Arbitrate: How Stands First Options?

Arbitration|Courts|Employment|United States

"Agreements" to Arbitrate: How Stands First Options?

As recently as 1995, the Supreme Court observed, in First Options of Chicago v. Kaplan, that arbitration was a creature of contract: "[A] party who has not agreed to arbitrate will normally have a right to a court's decision about the merits of its dispute." Yet what constitutes an agreement to...

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