The final paper from a student in the International Commercial Dispute Resolution course at New York Law School discusses the present state of commercial mediation, conciliation and arbitration in selected jurisdictions in Africa. The author also identifies certain political and commercial attributes that are missing in the region and that,...
Tag Archives: ADR
I remember attending the first meeting of the Dispute Resolution Section of the American Bar Association, in Boston, in 1999. I was on a panel discussing Y2K, and absolutely everybody I had ever met in ADR was in attendance. Y2K has since moved on, but the ABA Dispute Resolution Section...
Med-Arb and other hybrid processes have been received with reluctance in the United States and UK, mainly because of ethical concerns of the arbitrator. Outside of common law countries, however, the legal culture has been more welcoming to the involvement of an adjudicator -- whether a judge or an arbitrator -- in...
At the recent Annual Meeting of the CPR Institute in New York, Cornell Professor David B. Lipsky presented some of the results from a recent survey of the Fortune 1000, comparing the current use of ADR with the use that was reported in a similar survey in 1997. The results...
As a final report on the proceedings of the recent IBA Annual Conference, on Thursday November 3 Jane Player and I co-chaired a Panel on "The Use of ADR in the Management and Control of Dispute-Related Costs." ...
There has been an uncharacteristic spate of impasses lately in my practice. Sitting back and examining why, the conclusion might be that one or more of the parties didn't come to the mediation to move ahead to the next stage in their business. They came to it to re-affirm the past, to...
The first of three short films on community/corporate relationships, on the Ambuklao/Binga dams in Luzon, is about to be premiered at the United Nations, in Geneva, on June 16. We are also just about finished the second one, concerning the Tintaya mine in Peru. An interesting coincidence has arisen in...