The second offering of the three-part Symposium on ADR and Commercial Finance at the ABA Business Law Section Annual Meeting addressed disputes arising in long-term, high-budget, tightly-scheduled, deeply interdependent projects -- like building an airport -- where "divorce is not an option." According to Deborah Mastin, the issue is how...
Tag Archives: ADR
The ABA Business Law Section has turned its back on the August Annual Meeting of the Association and is now convening its own Annual Meeting in Chicago a month later. It is a resounding success by any measure, but certainly from the perspective of the Business Law Section: Over 1,500...
Tom Stipanowich has posted a new article, "Managing Construction Conflict: Unfinished Revolution, Continuing Evolution," at the Pepperdine Law Library's Legal Studies Research Paper Series. Stipanowich is a trained architect, an experienced construction lawyer, and a very experienced construction arbitrator, and his article speaks authoritatively on the past 20 years of...
Mediator Mallory Stevens sends the provocative summary of a recent meeting of the World Mediation Organization, via Maria Volpe's ListServe (reproduced with Ms. Stevens' permission):...
The Unified Court System of the State of New York is considering a modification to its Rules that would require attorneys to include in their letters of engagement reference to the ADR options and resources available at the courts' web site. The proposal (available here) is subject to public comment until...
Andrew Olejnik of Jenner & Block and Olivier André of the CPR Institute have co-authored an article that appears in Bankruptcy Law Reporter on the growing use of ADR tools in bankruptcy. Dating the trend from a 2009 conference convened by the American Bankruptcy Institute Law Review, the authors conclude...
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...