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...
Tag Archives: Arbitration
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...
Straus Institute Academic Director Thomas Stipanowich reports: The Straus Institute recently conducted two major surveys of dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators, and a survey of experienced mediators with the cooperation of the International Academy of Mediators. These studies produced...
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...
At a recent meeting of the Council of the ABA Dispute Resolution Section, R. Larson Frisby of the ABA Governmental Affairs Office gave a very useful summary of certain legislation currently before Congress that could have an impact on arbitration, mediation and other forms of ADR in the U.S. With...
The International Bar Association has been responsible for several definitive guidelines to assist practitioners in international arbitration. These include the 2010 Guide for Drafting International Arbitration Agreements, the 2010 Rules for Taking of Evidence, and the 2004 Guide on Conflicts of Interest. To this we now add the IBA Guidelines on...
When I served at the CPR Institute we periodically reminded users of arbitration that the Institute had devised a procedure whereby parties could contract for appellate review of arbitration awards. I think I am correct that during my 10-year tenure no one ever availed themselves of these procedures, which on...