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...
Tag Archives: Mediation
The American Arbitration Association has issued new Commercial Arbitration Rules effective October 1, 2013. The changes seem designed to better serve disputants and enhance the commercial rationality of arbitration under the AAA's auspices. As to be expected from the AAA, they are elegant and reflect the thinking of many stakeholders....
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...
The ADR Committee of the ABA Trial, Tort and Insurance Practice Section (TIPS) sponsors a periodic series of telephonic programs on the Psychology of Conflict Resolution. The programs are organized and moderated by San Francisco mediator Elizabeth Bader, a professional of wide-ranging gifts whose friendship I and many others value...
The 18th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Prague, Czech Republic, on June 7-8, 2013. Mediators and Centers came from the U.S., Canada, Algeria, Iraq, Bahrain, Ireland, France, Czech Republic, Greece, Belgium, Italy, Netherlands, Germany, Lebanon,...
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the...
The Marie L. Garibaldi American Inn of Court for ADR is the first (and so far the only) Inn of Court devoted expressly to the practice of arbitration, mediation and other non-judicial means of dispute resolution. Located in New Jersey, it gathers, on a monthly basis, the upper echelon of retired and...