Tag Archives: Lawyers

Conflict Resolution|Courts|Ethics

Proposal to Require ADR Notice in Letters of Engagement

Conflict Resolution|Courts|Ethics

Proposal to Require ADR Notice in Letters of Engagement

The Unified Court System of the State of New York is considering a modification to its Rules that would require attorneys to include in their letters of engagement reference to the ADR options and resources available at the courts' web site. The proposal (available here) is subject to public comment until...

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Arbitration|Courts|Mediation|Negotiation

ADR in Bankruptcy: Expanding Opportunities

Arbitration|Courts|Mediation|Negotiation

ADR in Bankruptcy: Expanding Opportunities

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...

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Conflict Resolution|Human Rights|Teaching

Rutgers Law Students Get It

Conflict Resolution|Human Rights|Teaching

Rutgers Law Students Get It

My friend and colleague Jonathan Hyman asked me to visit his ADR Survey class at Rutgers Law School a few weeks ago.  Teams within the class had been assigned special topics to study and then present to the larger group, and one team was concentrating on the Corporate/Community Dialogue films...

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Conflict Resolution|Courts|Mediation|Negotiation|systems design

Imagining the Perfect Environment for Mediation

Conflict Resolution|Courts|Mediation|Negotiation|systems design

Imagining the Perfect Environment for Mediation

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...

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Conflict Resolution|Courts|International|Mediation

ADR From the Perspective of the Bench

Conflict Resolution|Courts|International|Mediation

ADR From the Perspective of the Bench

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...

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Arbitration|Conflict Resolution|Mediation|United States

ADR Regulation Proposals Before the US Congress

Arbitration|Conflict Resolution|Mediation|United States

ADR Regulation Proposals Before the US Congress

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...

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Conflict Resolution|Mediation|Teaching

ABA Dispute Resolution Section Spring Meeting Announced

Conflict Resolution|Mediation|Teaching

ABA Dispute Resolution Section Spring Meeting Announced

I have been importuned by the ABA Dispute Resolution Section to remind readers of its upcoming Spring Meeting in Miami,Florida on April 2-5, 2014.  And who better to be importuned by?  It is a great organization and the Spring Meeting has been "the place to see and be seen" since...

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