There seems to be a presumption that being a mediator implicates public policy, and that the practice of mediation needs to be somehow regulated for the public good. In my region, for example, one must demonstrate training, skills or both in order to be listed on various court-annexed mediation panels. At...
Tag Archives: ADR
The ADR Committee of the ABA Trial, Tort and Insurance Practice Section (TIPS) sponsors a periodic series of telephonic programs on the Psychology of Conflict Resolution. The programs are organized and moderated by San Francisco mediator Elizabeth Bader, a professional of wide-ranging gifts whose friendship I and many others value...
Royal Dutch Shell Legal Director Peter Rees and CPR Institute President Kathy Bryan have co-authored a very good article called "How to Manage Disputes in a Flat World." Much of its appeal lies in its emphasis on management of risk rather than resolution of disputes. And its premise is compelling: Business...
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the...
Two panels at the upcoming meeting of the ABA Business Law Section in Washington, DC, will be of interest to business lawyers concerned with conflict management. The first, on Friday April 5 at 8:00 a.m., addresses Early Negotiation and Dispute Management and features David Burt of DuPont, Kathy Bryan of CPR, Ben Picker...
Last year, a survey was conducted among senior in-house counsel of the Fortune 1000, to follow-up on the findings of the influential 1997 Cornell survey. Thomas J. Stipanowich of Pepperdine and J. Ryan Lamare of Penn State have now prepared an analysis of that new survey, and in an important...
The four films produced by Harvard's Kennedy School on mediating corporate-community disputes have been recognized with the Award for Best Publication or Communication by the prestigious Centre for Effective Dispute Resolution (CEDR), in London. I am honored to have written and co-directed these films, and also served as interviewer on two....