Tag Archives: Courts

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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Conflict Resolution

ABA Dispute Resolution Conference April 7-9, 2016

Conflict Resolution

ABA Dispute Resolution Conference April 7-9, 2016

The ABA Dispute Resolution Section Spring Conference is always a highlight.  For 2016 it's being held in New York City, making it real easy for me.  The breadth and scope of the topics are, as usual, phenomenal, making this event consistently the Class Act of the ADR year. ...

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Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

Courts|Mediation

Failure to Mediate Held as Ground for Summary Judgment

A recent decision of the Supreme Court of Nevada addresses the question whether a party's ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action.  In MB America, Inc. v. Alaska Pacific Leasing Company, the court said it was,...

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Conflict Resolution|Courts|Mediation

Oregon Supreme Court on Mediation Confidentiality

Conflict Resolution|Courts|Mediation

Oregon Supreme Court on Mediation Confidentiality

On December 10, 2015, the Oregon Supreme Court released an opinion in a case that required it, for the first time, to consider whether a client may assert a claim for legal malpractice relying upon factual allegations that reveal the substance of communications made in the course of, or immediately...

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Arbitration|Courts

CFPB Readies Proposals on Consumer Arbitration

Arbitration|Courts

CFPB Readies Proposals on Consumer Arbitration

The Consumer Financial Protection Bureau is preparing to propose regulations addressing what it perceives as unfair and exploitative practices by organizations in their treatment of consumers.  In its snappily-titled October 7, 2015 Outline of Proposals Under Consideration and Alternatives Considered, the Bureau tentatively proposed to: (1) bar class action waivers in...

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Conflict Resolution|Courts|Europe|International|Mediation

Mediation in Turkey

Conflict Resolution|Courts|Europe|International|Mediation

Mediation in Turkey

A recent trip to Turkey included a delightful visit at the offices of leading Turkish law firm Hergüner Bilgen Özeke and several of its members, including H. Tolga Danisman.  Tolga and I met in the most recent convening of the UIA World Mediation Forum, in Amsterdam, and it was a...

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Conflict Resolution|Europe

ODR from a European Perspective

Conflict Resolution|Europe

ODR from a European Perspective

In the final report from the June 2015 convening of the UIA World Mediation Forum, Elena Koltsaki of Thessalonia, Greece, led a panel addressing online dispute resolution (ODR) from an EU perspective.  She noted two principles at the outset:  First, a central goal of EU regulation is consumer protection and the...

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