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: Courts
For the past ten years (and counting), Dr. Ivan Sutter and Oxford Health Plans have been engaged in a dispute arising from a 1998 agreement pursuant to which Dr. Sutter would provide health services to Oxford's members and Oxford would compensate the doctor at a predetermined rate. Seeking quick, efficient resolution of...
J. Michael Hand didn't like the Walnut Valley Sailing Club's storage shed. A member of the club, though not disabled himself, Mr. Hand thought the structure didn't comply with the accessibility requirements of the Americans with Disabilities Act. So he sued. The Walnut Valley Sailing Club didn't like being sued, and...
The 16th meeting of the World Mediation Forum of the UIA was held in Lisbon, Portugal, on January 27-28, 2012. It was very well attended; Co-President Colin Wall noted that attendees came from 31 countries. A panel on mandatory mediation brought out some interesting recent developments, including a game-changer in Italy. ...
A recent U.S. District Court opinion has tested the ethical rules barring mediators from representing a party in a subsequent matter that is "identical" or "substantially related" to the mediated matter. It found that, at least in the case before the court, that test had not been satisfied and the...
Two recent court decisions have bubbled through the cyber-community of ListServes and blogs. Both address attorney disqualification -- one in the context of a mediation and the other in the context of an arbitration. The latter is featured here and the former will be described in a subsequent posting. In Northwestern...
In New Jersey, the Superior Court Appellate Division recently approved for publication a decision in which a party to a mediation successfully sought to enforce a settlement agreement reached orally but not commited to writing during the mediation. The objecting party had claimed that (a) the New Jersey Rule pursuant...