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...
Tag Archives: Courts
The UIA World Mediation Forum in Houston has generated the usual mixture of stimulation and camaraderie. The first panel concerned "Mediation: The Judicial Perspective Here and Abroad." Aleš Zalar, former Minister of Justice of Slovenia and currently President of the European Centre for Dispute Resolution of Ljubljana, moderated the panel, and...
At a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, a new mandatory mediation initiative was presented that may be unique in scale in structure. Judge Michael Kaplan of the US Bankruptcy Court for the District of New Jersey explained the program, along with consultants Suzanne...
Our correspondent and colleague Alessandro Bruni offers the following update on the ever-changing state of Italian mediation. ...
Tom Stipanowich called the Delaware Court of Chancery's arbitration program "a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy." But he warned that its constitutionality was in doubt. Now the Third Circuit...
Our Italian correspondent, Avv. Giorgio Grasso, has prepared a useful report on the reintroduction of mandatory civil and commercial mediation in Italy. The new legislation -- replacing a 2010 version that prompted a lawyers' strike and was declared unconstitutional in 2012 -- amends the scope of the original scheme and is...
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...