It has long been broadly agreed that the most effective target for education and training in ADR is the lawyers who draft the deals. Drafting a dispute resolution clause as an elegant risk allocation is surely the Holy Grail of commercial deals. Model clauses are promulgated by many ADR organizations,...
Tag Archives: Lawyers
The interest in Abraham Lincoln sparked by the recent release of Spielberg's film prompts a reminder of Tom Stipanowich's recent article, in the ABA's Dispute Resolution magazine, on Lincoln as a counsellor and negotiator. Lincoln's oft-quoted advice, "discourage litigation," becomes far more than an adage when one considers real-life instances of his actually...
We have noted in various prior posts the confusion that has marked the introduction of commercial mediation in Italy. Not long ago all Italian lawyers went on strike to protest the provision that parties could settle claims without the participation of counsel. Recently we have heard about the ramifications of...
At the ABA Annual Meeting this week I will be privileged and honored to be entrusted with the Chair of the Dispute Resolution Committee of the Business Law Section for a three-year term. The Committee is growing in size and influence, and will be associated with several CLE offerings. ...
An attorney keeps her client files on the hard drive of her laptop. These files include confidential and sensitive client information, and attorney-client communications. Leaving a dentist appointment, she discovers that her car's windows have been smashed and that the property inside the car -- including her GPS and her laptop -- have been...
Just before Molly Klapper's recent and much-mourned death, the New York State Bar Association released a wonderful book she had worked hard to edit: Definitive Creative Impasse-Breaking Techniques in Mediation. The volume contains many useful contributions from extraordinarily accomplished mediators and trainers. This and the following posts will highlight some...
The Annual Conference of the International Bar Association opened on Sunday night October 30, 2011, with an address by Mohamed ElBaradei, former Director General of the International Atomic Energy Agency and, with the IAEA, 2005 Nobel laureate. He focused on the dynamic state of the Middle East and addressed both the...